South Africa’s labour courts recently dealt with the issue of sick leave and when an employee is deemed ‘too sick’ to come into work., the Labour Appeal Court considered the consequences that flow from an employee being too sick to attend work, but well enough to attend a rugby match, all while enjoying the benefit of paid sick leave, say experts at legal firm Cliffe Dekker Hofmeyr.
“The employee was charged with gross misconduct and subjected to a disciplinary hearing for breaching company policies and procedures by abusing authorised sick leave, for which he had been paid. He was found guilty of the allegation and dismissed.” “The company launched a review application of the award. On review the Labour Court disagreed with the arbitrator’s decision on procedural unfairness, but agreed that the employee’s dismissal was substantively unfair.
The LAC found that in the arbitrator’s finding there had been no dishonesty which was clearly reviewable, even if the standard for review were so onerous that an award could only be set aside on the basis of an egregious error. The court found that in this case the arbitrator had in fact committed an egregious error, which had been repeated in the Labour Court.
Very interesting article.
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