Abstract
Substance abuse is a growing concern in South Africa, for numerous reasons ranging from social issues to economic issues. As much as the actual act of substance abuse is generally conducted outside the workplace, substance abuse directly impacts the performance of workers in the workplace and the environment in which they operate. This dissertation will discuss the impact of substance abuse on the performance and /or conduct of workers in the workplace. The dissertation will further compare substance abuse as a misconduct issue and substance abuse as an incapacity issue. The International Labour Organization's views and guidelines on addressing substance abuse in the workplace will be considered. Ultimately the dissertation will show that substance abuse in the workplace constitutes a form of misconduct. The analysis will focus on the contextual and legal framework with specific reference to international law, the Constitution of the Republic of South Africa, labor laws, and the relevant Codes of Good Practice. Additionally, the dissertation will integrate the principles derived from different court judgments concerning substance abuse as a form of misconduct. Finally, recommendations will be made on how employers should effectively address issues related to substance abuse in the workplace.