Warning to employers who fire staff over 'bogus' sick notes
What does the law say about fake medical certificates and what are employers' rights when it comes to investigating the validity of sick notes?
Doctor, surgeon, surgery. Image: Triggermouse on Pixabay
Lester Kiewit speaks to Jan Truter, the Director of Labourwise, and Dr Magome Masike, the Health Professions Council of SA (HPCSA) Registrar.
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A Woolworths employee who was fired after being accused of providing bogus sick notes has won a victory in the Labour Appeal Court (LAC) six years after she was dismissed.
The employee lost her job after the retailer claimed she had handed in fake sick notes, but the decision was overturned by the Commission for Conciliation, Mediation and Arbitration (CCMA).
The judgment last week of the LAC supported that decision and called for Lorraine Maseko to be reinstated.
It also now puts a greater onus on employers to prove that an employee is aware of the fraud.
Truter says the problem of bogus sick notes is a prevalent one and says employers ought to be aware of their rights when it comes to requesting a doctor's note.
"What the court eventually said, was that the company could not prove that this employee was dishonest."
Jan Truter, Director - Labourwise
"How can you expect 'ordinary people' as the court put it...to actually do an investigation into whether a doctor is qualified, who may assist in issuing a medical certificate, is it illegal or irregular..the court said no, there are regulatory bodies that need to be investigating that."
Jan Truter, Director - Labourwise
"You can't just dismiss an employee. Whether you accept the certificate or not, that's another matter."
Jan Truter, Director - Labourwise
Speaking to Business Day last week, Maseko’s attorney, Andrew Goldberg, said his client felt 'vindicated', adding that she should be returning to work soon.
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