After being booked off for back pain by a doctor, who recommended that he consult a neurosurgeon, Mr. Adams (employee) travelled to Namibia for a fishing trip (instead of going to the neurosurgeon as his Doctor advised).
When Mr. Adams returned to work, he was dismissed for abusing his sick leave. The company told him that the reason for his dismissal was because he used his sick leave as an excuse to “go fishing”.
Mr. Adams then referred an unfair dismissal case to the CCMA.
At the CCMA, the doctor (who treated Mr. Adams) was called as a witness. She testified that when she saw Mr. Adams, his back pain had looked serious. And that’s why she issued a medical certificate for him to go to a neurosurgeon.
After the witnesses testified, the CCMA commissioner said the following:
“the medical certificate had been signed by the Doctor and complied with all the requirements set down by law.”
“Even though the certificate did not excuse Mr. Adams from his decision to go fishing during the period in which he was booked off, the company could not question the doctor’s diagnosis.”
In other words, the company could not prove that Mr. Adams did not have valid back pain. Because the doctor testified that she treated him for that.
The fact that Mr. Adams decided to go fishing is irrelevant because he had an illness and a medical certificate to back it up!
Therefore the CCMA found his dismissal to be unfair.
And Mr. Adams received his job back and 6 months of salary as well.
KEY TAKEAWAYS:
- If you are claiming sick leave from work – ALWAYS get a sick note from a doctor.
- What you do during your sick leave, is your business – and not the company’s.
