ENS are most popular: within Accounting and Audit, Cannabis & Hemp and Consumer Protection topic(s) in Africa An employee drinks an energy drink before work. A breathalyser test returns a positive alcohol reading. The employer applies its zero-tolerance policy and dismisses. Months later, the employee is reinstated with back pay. In CIPLA Distribution Gateway (Pty) Ltd v Mwale & Others, the Labour Court upheld an arbitration award finding the dismissal substantively unfair.