, it seems that even centuries ago there was an appreciation of the benefit of taking care of sick workers.paid sick leave are less likely to obtain preventative medical care, including cancer screenings and influenza vaccinations.
In two recent decisions, our courts have come down decisively on the side of showing no tolerance for sick leave abuse. In both the 2021 Labour Appeal Court judgment and the 2023 Labour Court decision , the courts reviewed and set aside arbitration awards handed down by the employment tribunal where the tribunal wrongly concluded that the employees ought not to have been dismissed.
The employee acted dishonestly in absenting himself from work on the basis that he was too ill to perform his duties but then travelled for at least an hour to support his local rugby team, knowing full well that he would be paid for the day.This lenient approach to dishonesty cannot be countenanced. The third respondent held a relatively senior position within the organisation of the applicant at Humansdorp. He was palpably dishonest, even on his own version.
This perception is clearly wrong and is likely to cost mistaken employees their jobs. When evaluating the reason the employee provided for not attending work against the employer’s reason for concluding that the employee malingered, a hearing chairperson, tribunal arbitrator, or judge will consider the two conflicting versions in the light of the probabilities.