A recent decision by the Labour Appeal Court warns employers that they may not dismiss an employee for misconduct based on mere suspicions that the medical doctor who issued the employee with a medical certificate is contravening standard operating procedure.
Woolworths conducted an investigation, looking into the employee’s file and the doctor, concluding that that the medical certificate submitted was irregular.The employee was charged with misconduct for breaching company policies and procedures to justify her absence from work. She was found guilty and ultimately dismissed.
Woolworths then took the matter on review to the Labour Court, which was dismissed on the basis that it had no merit.Woolworths submitted that the evidence, albeit largely hearsay, indicated that there were untoward happenings at the doctor’s medical practice in respect of the issuing and buying of sick notes.
Woolworths’ dissatisfaction with the doctor was deemed irrelevant and as such, the LAC dismissed the appeal.“Although an employee’s dishonesty in abusing sick leave goes to the heart of the relationship of trust between employer and employee, employers should tread carefully where they have suspicions about the integrity of an employee’s sick note,” said Loubser.
Source: Law Daily Report (lawdailyreport.net)
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