Sick leave abuse presents grounds for dismissal

Bought certificates constitute fraud
ED RICHARDSON
EMPLOYEES WHO make a habit of conveniently phoning in sick a day before or after a public holiday or long weekend may be dismissed, says Sean Snyman, head of litigation at Labournet. Speaking at a seminar in Port Elizabeth recently, Snyman added that it was possible to discipline employees who abused sick leave, although they were taking the leave within the company’s rules. Employees can be dismissed on the grounds of incapacity to perform a job properly as they are unavailable to fulfil their working responsibilities. He referred to a recent survey among his clients that showed that absenteeism was rife at this time of year, as many employees were still recovering from the holidays and work motivation was not strong. If an employee presents a medical certificate that is bought, the employee may be found guilty of fraud. Medical certificates should also have certification from a professional medical council and have clear contact details so that the employers may confirm illness or injury. At present, certificates from traditional healers are not lawfully recognised. Snyman also outlined rules for employees who arrive late at work. For instance, if workers conduct their clock-in dishonestly, they may be found guilty of fraud and be dismissed.