Sars💸employees fired and found guilty of gross dishonesty for calling in sick for work but seen on TV 📺at an EFF protest✊🏻 EFF TheCitizenNews Sars Read the shocking story⬇️
“It is common cause that Mathebula participated in a protest action on a day in which he unashamedly and audaciously indicated to Sars that he was not feeling well. It is apparent that although he was not feeling well to attend to his contractual duties, he felt well to participate in a protest action.
“That being the case, when he represented to his supervisor that he was not feeling well so that he must be excused from work, he was not being truthful about the state of his health; and that the employee took advantage of the provisions in the policy of Sars to the effect that for illness lasting two days or less, the employer will accept the representations of the employee as to their fitness to attend duty without the need for a medical certificate,” Judge Moshoana said.
“If he was able to clap hands and sing, it must follow that he would have been able to perform his contractual duties,” he said.Judge Moshoana said the arbitration award of CCMA Commissioner Mooi does not pass the “constitutional muster”. “Accordingly, the arbitration award falls to be reviewed and set aside, and be replaced with a decision that complies with the constitutional standard order.
“In the results, I make the following order: The arbitration award issued by Commissioner Faizel Mooi under case number GAJB4164-21 dated 14 September 2021, is hereby reviewed and set aside. It is replaced with an order that the dismissal of Mr Benneth Mathebula was substantively fair. There is no costs order,” Judge Moshoana said.
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