Notes: Breathalyser and Laboratory Blood Samples as Evidence for Dismissal: A Critical Analysis of Samancor Chrome Ltd (Western Chrome Mines) v Willemse & others (2023) 44 ILJ 2013 (LC)

Author Simphiwe P Phungula

ISSN: 2413-9874
Affiliations: Senior Lecturer, Department of Commercial Law, University of Cape Town, LLB, LLM, PhD (UKZN)
Source: Industrial Law Journal, Volume 44 Issue 4, 2023, p. 2151 – 2161


To discourage the existence of alcohol in the workplace, employers develop policies that provide for the dismissal of employees found with alcohol in their bloodstream. Some employers set the bar higher by adopting an approach that allows the employer to dismiss the employee for the mere presence of alcohol in an employee’s bloodstream. This raises several issues, focused on in this note, including, inter alia, the extent to which breathalyser results may be legally challenged; the reasonableness of policies determining the level of accepted alcohol limits in an employee’s bloodstream; as well as the reasonableness of sanctions imposed by employers.