1 August 2024
Requiring employees to submit doctor's notes for absence due to illness is a standard practice aimed at validating the legitimacy, or not, of an employee’s sick leave. However, this practice can expose employers to significant challenges, particularly concerning the submission of fraudulent doctor's notes.
Risks of Fraudulent Medical Certificates
While medical certificates are intended to ensure that employee absences are justified and to maintain workplace productivity, the risk of fraud and/or misrepresentation on the part of the employee can take away from this objective. Employers are urged to be very attentive in verifying the authenticity of such documentation as failure to do so can lead to abuse of sick leave policies, increased absenteeism, and operational disruptions.
Case Study: Woolworths v Maseko
In the recent case of Woolworths v Maseko (JA90/2022 (LAC), the Labour Appeal Court ruled on the dismissal of an employee accused of submitting, what was presumed to be fraudulent medical certificate. The employer alleged the certificate was obtained from a doctor involved in selling such certificates, and accordingly dismissed the employee.
Court's Findings
However, the Court found that there was insufficient evidence to prove that the employee was aware of the doctor’s questionable practices, or that she was not genuinely ill when visiting the doctor. The doctor was qualified and registered with relevant medical bodies. The LAC emphasized that employees should not be disciplined solely based on their choice of a qualified doctor, even if the employer distrusts that doctor’s methods. Employers should first investigate suspicions about a doctor through regulatory bodies and warn employees if necessary. The Court accordingly confirmed the dismissal was substantively unfair as it was based on the employer's dissatisfaction with the doctor's practices rather than any proven misconduct by the employee.
Legal Implications and Best Practices
The ruling furthermore rightfully emphasises that dismissal may be justified if an employee knowingly submits a fraudulent or altered sick note or consults an unregistered or unqualified doctor. However, this situation is notably different from the case at hand, highlighting the importance of handling such matters with extreme caution and considering applicable legislation. Improper handling can lead to legal consequences, reputational damage, and diminished employee trust and morale.
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