FAILING a breathalyzer test at work is not proof enough that one has consumed alcohol or used drugs.
The Gauteng Labour Court revealed this judgment in May after Rickus Willemse was "unfairly dismissed" by mining company Samanco Chrome in Sandton, north of Joburg.
Rickus was dismissed from work on 25 March 2019 after being charged with having tested positive for alcohol consumption on 22 February 2019.
On the day, Rickus had reported to work when the company's security officer Phumla Ngemntu requested that he took a breathalyzer test which indicated a green light, meaning a positive result.
“The employee questioned this result and the security guard tested him again on the same breathalyzer, with the same result. The employee denied that he had consumed any alcohol either that day or on the previous evening.
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“Another colleague to the security guard tested another breathalyzer, which results showed alcohol content of 0,013%," the court papers read.
But four years later after the dismissal, Commission for Conciliation, Mediation and Arbitration (CCMA) won the case against the mining company.
When Rickus' blood samples were drawn and taken to the laboratory, chemical pathologist Jaco Broodryk indicated that the tests came back negative.
In his testimony, Broodryk said Rickus’ blood samples were drawn and taken to the laboratory wherein tests came back as negative.
Broodryk assured the court that blood tests were more accurate than a breathalyzer test, and that breathalyzer tests may be false in certain circumstances such as eating.
“For example, this happens when the person tested had not eaten for more than eight hours, or eaten any substance with a yeast content,” he said.
Although Rickus was fully aware of the company policy against alcohol and drug consumption, he stood firm in his argument that he didn't drink any alcohol.
The court seemed to agree upon evaluating the evidence presented including the breathalyzer tests and Rickus’ blood sample, which was analysed at the laboratory and produced a negative result.
As a result, the case was dismissed and the company was ordered to reinstate Rickus with immediate effect.
