As an employer, you may wonder if you have any rights when an employee abuses sick leave. What if someone calls in sick but isn’t really ill? Two key cases, Woolworths (Pty) Ltd v CCMA and SARS v CCMA, help answer this question.
Woolworths (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration (2022)
In this case, an employee told his manager he was too sick to come to work. However, it was later discovered that he had travelled with his father for an hour to attend a rugby match that same day.
The Labour Appeal Court ruled that the employee was dishonest. He claimed he was too ill to work, but still managed to attend a rugby match, knowing he would be paid for the day. The court emphasised that dishonesty like this can’t be tolerated, and in this case, the employee’s dismissal was fair.
South African Revenue Services (SARS) v Commission for Conciliation, Mediation and Arbitration (2023)
In this case, an employee informed his supervisor that he was sick and couldn’t come to work. However, the supervisor found out that the employee was participating in a protest march organised by the EFF against Clicks.
The court ruled that the employee had falsely claimed to be sick in order to attend the protest. Even though the employee submitted a medical certificate, the court said that doesn’t automatically prove he was ill. It’s the employee’s responsibility to prove they are genuinely sick when claiming sick leave. The court found that the employee had intentionally misled SARS to get time off for the protest.
Conclusion
In cases like these, all surrounding circumstances need to be considered for an employer to prove an employee was dishonest. The employer must show that the employee deliberately created a false impression of their illness with the intent to mislead.
Are you concerned about sick leave abuse? To understand your rights and protect your business, contact SEESA for expert advice and support today.
About the author:
Justin Blignaut
Labour, Consumer Protection & POPI Legal Advisor
B.Com, LLB NWU