A simple dose of cough mixture before work led to a long legal battle between a forklift driver and his employer. The man was dismissed after testing positive for alcohol, despite claiming he only took medicine.
Forklift Driver Tests Positive After Cough Syrup
Mr Tsamse, a warehouse controller, worked at Chill Beverages International since June 2017. On the day of the incident, he was late by an hour and took a breathalyser test at the gate.
The test showed alcohol in his system. He was tested multiple times using different devices to rule out error. He was then asked to wait in the canteen, eat and drink something, and test again. But the result stayed the same—positive for alcohol.
Company Cites Zero Tolerance Policy
The company bans alcohol completely. Workers cannot drink at work or six hours before their shift.
Chill Beverages said Tsamse had breached this rule. As a forklift driver, he moved heavy materials, including 1-ton sugar bags and 1,000-litre liquid containers, so safety was a major concern.
They dismissed him for gross misconduct based on his failed breathalyser tests.
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Cough Syrup Blamed, But Worker Shows No Signs Of Drinking
Tsamse said he felt sick the day before and got cough syrup from a neighbour. He took it the night before and again in the morning before work.
He claimed he did not read the label and was unaware that the mixture contained alcohol.
The CCMA commissioner who first reviewed the case noted he showed no signs of being drunk, had no alcohol smell, and was a first-time offender after six years of good service.
Labour Court Supports the Worker
The company asked the Johannesburg Labour Court to overturn the CCMA decision. They argued that Tsamse was negligent for not checking the label and still broke company policy.
But the court rejected this argument. It found the CCMA ruling reasonable, noting there was no proof that Tsamse had knowingly consumed alcohol or was drunk at work.
The judge supported the decision to reverse the dismissal.
Why This Case Matters
This case shows how medication with alcohol can lead to problems at work. It also highlights the importance of context and fairness when dealing with discipline.
Even with strict policies, the court said employers must look at each case carefully and fairly.
Summary Table
| Key Person | Mr Tsamse (Warehouse Controller) |
|---|---|
| Company | Chill Beverages International |
| Incident Date | Not specified (Case heard recently) |
| Reason for Firing | Positive alcohol test at work |
| Worker’s Claim | Took cough syrup, unaware it had alcohol |
| Ruling | Dismissal overturned by Labour Court |
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Hi, I’m Amandeep Singh, a content writer at Ramnath Intercollage. I share updates on jobs, internships, and scholarships across South Africa using official and trusted sources. My aim is to make every post easy to read and helpful for anyone looking to apply.
