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MEDICAL AID CERTIFCATES - A FREE PASS?




                    Johan van Deventer,                                                                                         employee did in fact attend
                    KZN Regional                                                                                                the wedding in George. The
                     Manager, LabourNet                                                                                         employee was found to have acted
                                                                                                                                dishonestly, and his dismissal was
                           here                                                                                                 upheld by the Labour Court.
                           is a                                                                                                  It is advisable to formulate a
                     Tcommon                                                                                                    policy in the workplace governing
                      misconception                                                                                             sick leave for employees and
                       among                                                                                                    giving guidance to employees
                       employees                                                                                                on what activities are acceptable
                       that a medical                                                                                           when they are booked off sick.
                       certificate is                                                                                           It should also address what steps
                       a free pass                                                                                              employees should take if they
                       to get out                                                                                               feel better during the time they
        of work and do whatever they                                                                                            are booked off. At the very
        please for the duration of their                                                                                        least, they should inform the
        time off. This, however, is not                                                                                         employer that their condition has
        the case, and the purpose of a   court found that the employee   enough to work. His dismissal   time to attend the wedding.  improved, so that the company
        medical certificate booking an   had acted dishonestly in absenting  was deemed substantively and   The employee argued that the   may decide whether they should
        employee off is to allow them   himself from work on the basis   procedurally fair.       company could not challenge   return to work.
        time to rest and recuperate from   that he was too ill to perform his   In another case, NEHAWU   his claim that he was ill at the
        their illness. Using this time off   duties, but then travelled quite   obo Matras v Commission   time, as he submitted a valid   In all instances, the
        to attend other leisure activities,   a distance to watch the match,   for Conciliation, Mediation   medical certificate which had   consideration will always be what
        such as attending concerts or   knowing full well that he would   and Arbitration and     not been disputed, and the    is fair to both parties, and both
        going on extended trips, would   be paid for the day. The employee   Others (JR1970/17) [2021]   company had failed to call the   employer and employee should act
        defeat the purpose of the sick   had claimed that he felt better at   ZALCJHB 285, an employee had   medical practitioner as a witness   in good faith when dealing with
        leave and could be considered an   the time he attended the match,   been booked off sick for three   to challenge the legitimacy   bouts of illness. 
        abuse, and possibly dishonesty.  to which it was stipulated that   days, during which time he had   of the employee’s claim. The
                                      he should then have returned                                                              For any further information or
         The situation was most aptly   to work, rather than attending   travelled from Potchefstroom   court, however, pointed out   assistance in this regard, please do not
        canvassed in Woolworths       recreational activities at the   to George to attend a family   that the medical certificate was   hesitate to contact us.
        (Pty) Ltd V Commission for    employer’s expense.           member’s wedding. The employer   hearsay evidence, and the onus   T: +27 (0)31 266 6570
        Conciliation, Mediation &                                   suspected that the employee had   was on the employee to verify    C: +27 (0)82 786 7480
        Arbitration & Others (2022) 43   The court held that this was   obtained the medical certificate   the document by calling the   E: johanvd@labournet.com
        ILJ 839 (LAC).                the case even in the absence of    fraudulently by misrepresenting   witness once the employer cast   W: www.labournet.com
                                      a policy dictating what       his illness to the medical    doubt on its legitimacy. The
         In this case, an employee had   employees recovering from   practitioner to be booked off. This   arbitrating commissioner hence
        taken sick leave on a particular   illness may and may not do. It   suspicion stemmed from the fact   correctly gave little weight to the
        day, only to travel one hour from   was held that if the employee felt  that the employee had previously   medical certificate and relied
        Jeffrey’s Bay to Port Elizabeth to   well enough to travel and attend   spoken to his manager about   on compelling circumstantial
        support his local rugby team. The   the match, he was also well   possibly putting in leave for this   evidence to conclude that the



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        matter is as important as an   job that needs to be done, and   E: johan@aurik.co.za
        affinity for the product. Take the   then focus on values. An excellent   W: www.aurik.com



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