Home


The Tobacco Products Control Act provides for the protection of non-smokers - it does not provide any benefit or protection for smokers.

In addition, smoking in the workplace is not regulated by Labour Law but only by the above-mentioned Act. In terms of this Act, the employer is obliged to take steps to protect his non-smoking staff from the cigarette smoke of the smokers. There is no obligation whatsoever on the employer to provide smoke breaks, and indeed if he does provide smoke breaks he is entitled to insist that those employees must work in the time taken for' smoke breaks'  after hours, without additional remuneration, or he can total up the 'smoke breaks time' and deduct it from wages at month end.

         

The employer is entitled to ban smoking completely on his building or in the workplace if he wishes to, and he can designate any area of his choice to be the smoking area. This could be the roof of the building, or the car park, and the employer is under no obligation to provide an alternative smoking area in the event of inclement weather. In short, the employer is under no obligation to facilitate the addiction of the smoker to the drug nicotine, just as he is under no obligation to facilitate the addiction of any employee who may be addicted to alcohol, narcotics and so on. When you consider that these no obligation on the employer to provide an alcoholic employee with ' drink breaks', why should there be an obligation on him to provide' smoke breaks' to an Employee who is addicted to nicotine ?

       

The employer is obligated to comply with the following regulations in the Act if he wishes to provide a smoking area:

Section 3 :  Tobacco Products Control Act :

 

Note : A "workplace" falls within the definition of and is regarded as a  "public place."

1) An employer, owner, licensee, lessee or person in control of a public place may designate a portion of a public place as a smoking area, provided that-

a) the designated smoking area does not exceed 25% of the total floor area of the public place;

b) the designated smoking area is separated from the rest of the public place by a solid partition and an entrance door on which the sign "SMOKING AREA" is displayed, written in black letters, at least 2 cm in height and 1,5 cm in breadth, on a white background;

c) the ventilation of the designated smoking area is such that air from the smoking area is directly exhausted to the outside and is not re-circulated to any other area within the public place;

d) the message: "SMOKING OF TOBACCO PRODUCTS IS HARMFUL TO YOUR HEALTH AND TO THE HEALTH OF CHILDREN, PREGNANT OR BREASTFEEDING WOMEN AND NONSMOKERS. FOR HELP TO QUIT PHONE (011) 720 3145" is displayed at the entrance to the designated smoking area, written in black letters, at least 2 cm in height and 1,5 cm in breadth, on a white background; and

e) notices and signs indicating areas where smoking is permitted and where it is not permitted must be permanently displayed and signs indicating that smoking is not permitted must carry the warning: "ANY PERSON WHO FAILS TO COMPLY WITH THIS NOTICE SHALL BE PROSECUTED AND MAY BE LIABLE TO A FINE".

 

Section 6 , 7 , 8 , 9 : Tobacco Products Control Act.

6)  An employer, owner, licensee, lessee or person in control of a public place must ensure that no person smokes anywhere other than in the designated smoking area in that public place.

 

7) An employer must ensure that-

a) employees who do not want to be exposed to tobacco smoke in the workplace are protected from tobacco smoke in that workplace; and

b) employees may object to tobacco smoke in the workplace without retaliation of any kind. 

 

8) Employers must have a written policy on smoking in the workplace, and the policy must be applied within three months from the date of coming into operation of the Tobacco Products Control Amendment Act, 1999 (Act No. 12 of 1999). 

9) Any employer, owner, licensee, lessee or person in control of any public place or part of a public place may totally prohibit smoking in that place.

 

For more information contact   

Case Law Summaries and Articles

 

Can employees be dismissed for refusing to accept new terms and conditions of employment?

Can an employer dismiss employees because they refuse to agree to a change to their terms and conditions of employment? An initial answer may be, “yes”.

Read More >>>

 

Escape route: “Resignation with immediate effect”

The latest case in the ‘disciplining employees who have resigned with immediate effect’ saga has brought about more uncertainty as to whether an employee who resigns with immediate effect shortly before a disciplinary hearing can avoid disciplinary action and subsequent dismissal.

Read More >>>

 

Freedom of expression or incitement to commit an offence? A constitutional challenge

On 4 July 2019, the North Gauteng High Court handed down judgment in the case of The EFF and other v Minister of Justice and Constitutional Development and other (87638/2017 and 45666/2017) in which the EFF and Julius Malema (the applicants) sought to have s18(2)(b) of the Riotous Assemblies Act, No 17 of 1956 (Riotous Act) declared unconstitutional.

Read More >>>

 

Consolidated, comprehensive or general final written warnings

Regarding dismissal, according to the Code of Good Practice, “the courts have endorsed the concept of corrective or progressive discipline. This approach regards the purpose of discipline as a means for employees to know and understand what standards are required of them.

Read More >>>

 

 

 

 

 

 

Courses and Workshops

 

                   

 

2020: Case Law Updates: Online Conference

30 October 2020 (08:30 - 16:00)

Case Law Updates: Online Conference

Managing Day to Day Issues/ Problem Employees Full day workshop

18 September 2020 (09:00 - 16:00)

Interactive Online Course

Health and Safety Representative and Committee Training Course

18 September 2020 (08:30 - 16:00)

Interactive Online Course

Investigation and Management of COVID-19 Cases in the Workplace

30 September 2020 and 01 October 2020 (09:00 - 13:00)

Interactive Online Course

Workshop Chairing Disciplinary Hearings

01 & 02 October2020 (09:00 - 16:00)

Interactive Online Course

The OHS Act and the Responsibilities of Management

08 October 2020 (08:30 – 16:00)

Interactive Online Course

POPIA: Protection of Personal Information Act

16 October 2020 (09:00 - 12:00)

Interactive Online Course

Employment Equity Committee Training

22 October 2020 (09:00 - 16:00)

Interactive Online Course

Basic Labour Relations

23 October 2020 (09:00 - 16:00)

Interactive Online Course

 Our Clients 

 

Android App On Google Play

Android App On Google Play