Dismissal for Alcohol Percentage Found in Your System
Dismissal for Alcohol Percentage Found in Your System
Many employees are dismissed after an alcohol test shows a certain percentage of alcohol in their system. However, a positive alcohol reading does not automatically make a dismissal fair. The employer must follow strict procedures, and the circumstances of the case must be considered.
What Does an Alcohol Percentage in Your System Mean?
Employers often use breathalysers or blood tests to determine whether an employee has alcohol in their system. These tests measure the amount of alcohol present at that moment.
However, for a dismissal to be fair, the employer must prove:
The reading was accurate
The test was conducted correctly
The employee was impaired or unfit for duty
The company has a clear alcohol policy
The policy was communicated to employees
The employer followed proper disciplinary procedures
Can You Be Dismissed for Alcohol in Your System?
Yes, but only under certain conditions.
You can be dismissed if:
You were under the influence while on duty
Your alcohol level made it unsafe for you to perform your job
Your work involves dangerous machinery, driving, or risk-sensitive duties
You broke a clear rule you knew about
You had previous warnings for similar misconduct
However, if the employer cannot prove these points, the dismissal may be unfair.
When a Dismissal May Be Unfair
Your dismissal may be unfair if:
1. The test was not done correctly
No calibration certificate for the breathalyser
No trained person administered the test
No second confirmatory test was done
You were not informed of the procedure
2. The employer relied only on a number
A percentage alone is not enough. The employer must show:
You were impaired
You could not do your job safely
There was a risk or actual misconduct
3. The company policy is unclear
If there is no clear alcohol policy, or the policy was never communicated, the dismissal can be unfair.
4. You were not given a fair hearing
Even with a positive test, the employer must:
Suspend you pending investigation (if necessary)
Hold a proper disciplinary hearing
Allow you to state your case
Consider mitigating factors
Your Rights at the CCMA
If you believe you were wrongly dismissed for alcohol in your system, you can take the matter to the CCMA.
At the CCMA, the commissioner will look at:
Whether the testing procedure was lawful
Whether the reading indicated impairment
Whether your job is safety-sensitive
Whether the employer followed fair procedure
Whether the dismissal was an appropriate sanction
You may receive:
Reinstatement
Compensation
Correction of your employment record
How We Assist You
We help employees who are dismissed due to alcohol tests by:
Reviewing the employer’s testing procedure
Checking if the breathalyser was properly calibrated
Preparing your CCMA case
Drafting your statement
Advising on evidence
Representing you at the CCMA
Challenging unfair or unlawful testing procedures
A positive alcohol test does not always mean a fair dismissal.
We make sure your rights are protected.
Many employees are dismissed after an alcohol test shows a certain percentage of alcohol in their system. However, a positive alcohol reading does not automatically make a dismissal fair. The employer must follow strict procedures, and the circumstances of the case must be considered.
What Does an Alcohol Percentage in Your System Mean?
Employers often use breathalysers or blood tests to determine whether an employee has alcohol in their system. These tests measure the amount of alcohol present at that moment.
However, for a dismissal to be fair, the employer must prove:
The reading was accurate
The test was conducted correctly
The employee was impaired or unfit for duty
The company has a clear alcohol policy
The policy was communicated to employees
The employer followed proper disciplinary procedures
Can You Be Dismissed for Alcohol in Your System?
Yes, but only under certain conditions.
You can be dismissed if:
You were under the influence while on duty
Your alcohol level made it unsafe for you to perform your job
Your work involves dangerous machinery, driving, or risk-sensitive duties
You broke a clear rule you knew about
You had previous warnings for similar misconduct
However, if the employer cannot prove these points, the dismissal may be unfair.
When a Dismissal May Be Unfair
Your dismissal may be unfair if:
1. The test was not done correctly
No calibration certificate for the breathalyser
No trained person administered the test
No second confirmatory test was done
You were not informed of the procedure
2. The employer relied only on a number
A percentage alone is not enough. The employer must show:
You were impaired
You could not do your job safely
There was a risk or actual misconduct
3. The company policy is unclear
If there is no clear alcohol policy, or the policy was never communicated, the dismissal can be unfair.
4. You were not given a fair hearing
Even with a positive test, the employer must:
Suspend you pending investigation (if necessary)
Hold a proper disciplinary hearing
Allow you to state your case
Consider mitigating factors
Your Rights at the CCMA
If you believe you were wrongly dismissed for alcohol in your system, you can take the matter to the CCMA.
At the CCMA, the commissioner will look at:
Whether the testing procedure was lawful
Whether the reading indicated impairment
Whether your job is safety-sensitive
Whether the employer followed fair procedure
Whether the dismissal was an appropriate sanction
You may receive:
Reinstatement
Compensation
Correction of your employment record
How We Assist You
We help employees who are dismissed due to alcohol tests by:
Reviewing the employer’s testing procedure
Checking if the breathalyser was properly calibrated
Preparing your CCMA case
Drafting your statement
Advising on evidence
Representing you at the CCMA
Challenging unfair or unlawful testing procedures
A positive alcohol test does not always mean a fair dismissal.
We make sure your rights are protected.