By: Natasha Archary
Employees who deliberately and recklessly put their colleagues at risk of health hazards by going to work sick, can be charged with misconduct and fired.
This was the unprecedented case put forward before the Labour Court during the Covid-19 pandemic, when a worker reported for duty knowing he could have the virus.
Osbourne Molatudi, MD of Molatudi Attorneys, joins Kaya Biz to discuss what the law says about reporting to work when you’re sick, and what the ramifications of the could be.
While this matter was brought to light during the pandemic, and it involved a life-threatening virus, Osbourne says the same principles can be applied in other matters too.
“It’s quite an interesting case, and it falls on the opposite end of the spectrum compared to people who abuse sick leave when they’re not really sick.
In this instance we had someone who was really sick, he had Covid symptoms, and he still decided to go to the workplace.
From a legal perspective, is it a disciplinary offence to come to work when you’re sick?
Let’s start by saying employees are the most important asset for any company, and as such all employees are entitled to a safe, hazard-free working environment.
The Occupational Health and Safety Act (OHS) provides an obligation of the employer to ensure a healthy and safe environment for employees. But, employees are not exempt from this, and it is the duty of every employee to take reasonable care for their individual health and safety.”
As a result, the Labour Court ruled that the company was well within its rights to dismiss the worker who failed to self-isolate and attended work despite not receiving the results from his Covid-19 test.
Listen to the conversation on Kaya Biz:
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