Cape Town - If you decide to go a little overboard with the beer and wine this festive season and get behind the wheel of your car and drive - beware, it may cost you your job..
This is according to Cliffe Dekker Hofmeyr attorneys labour law expert Hedda Schensema who says getting caught driving drunk can cost you your job.
Schensema says even though drunk driving may happen outside the workplace, it can be grounds for dismissal.
Speaking to eNCA, Schensema said drunk driving can cost people their jobs, depending on the type of a work they do.
“For example, if you are a driver you obviously need a valid licence. If your lose your licence as a result of being caught drinking and driving you would then not be able to render your job or your employment obligations to your employer and you are then incapacitated on the basis that you cannot do your job,” she said.
Schensema added if a person was strongly linked with the evidence that he/she was caught driving under the influence of alcohol even if if it was outside their working hours the employer had the right to terminate the employee’s contract.
In outlining the guiding principles in terms of South African employment law if an employee is dismissed as a result of drunk driving, Schensema said:
“The test here would be whether your conduct is connected to or it affects your employment relationship going forward,”
“Let’s use a drunk driving scenario: you are driving home during the evening and you get pulled over and then arrested. Part of your job or responsibilities is a driver or you need your vehicle to perform your work-related duties, and then you lose your licence. Your employer then has right to terminate your contract on the basis that you cannot perform your work,” she added.
Schensema further maintained that what an employee did outside of work could potentially have a negative effect on the employer’s perspective of him/her.
“Let’s take for an example if I play something on social media which is highly inappropriate or speak about my employer on social media or sexually harass someone outside the workplace, who I work with. That can impact my relationship with my employer and the continuation of my contract.
“Its not as simple as saying ‘I have left the office and my hours are are 8 -5 and what I do after after 5 o’clock has no impact on my employer’. It depends on what your conduct is and whether or not that has a direct link to and impact on your employment relationship,” she said.
She added employees must remain lawful and conduct themselves in a lawful manner as Christmas is around the corner, a lot of drunk driving is expected and most people don't adhere to the rules of driving during that period.
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