Although the Basic Conditions of Employment Act (BCEA) says that employees are entitled to sick leave as long as they provide a medical certificate as proof, there are instances in which an employer can reject this as proof.
According to Dumisani Ndiweni and Kgololego Pooe from Webber Wentzel, an employer can query the validity of a medical certificate if they suspect foul play, dishonesty or misrepresentation.South African Revenue Services v Commission for Conciliation, Mediation and Arbitration and Others
“Our courts have made it clear that they will not come to the aid of employees who engage in such dishonest conduct,” Ndiweni and Pooe said. , the experts said that the Labour Appeal Court applied the Law of Evidence Act to medical certificates in the following way: Due consideration should be paid to potential abuse if the doctor is not prepared to defend the medical certificate or is not prepared to spend time at the disciplinary enquiry;
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