By: Natasha Archary
Osbourne Molatudi, Employee Law Specialist joins Kaya Biz to share insight into the case of the SARS employee who was seen at an Economic Freedom Fighters (EFF) protest, after calling in sick, being dismissed by his employer.
Benneth Mathebula took two days of sick leave from SARS in September 2020, on the third day, he went to a doctor, which was in adherence to SARS’ policy on sick leave.
With a doctor’s note booking him off sick for a few more days, Mathebula was then spotted on television at an EFF protest outside a Clicks store.
When his supervisor questioned him about attending the protest whilst he claimed to be sick, Mathebula didn’t deny attending the protest.
He responded that although he did start the day feeling under the weather, he felt better after taking some meds, and decided to join the protests.
The junior investigator at SARS was initially fired by the revenue service for dishonesty in 2021, however he won his appeal at the Commission for Conciliation, Mediation, and Arbitration (CCMA), later that year, which ordered that he be reinstated and remunerated with back pay.
But, SARS has since won it’s case with the Labour Court, which has now overturned the CCMA’s ruling, saying the revenue service was well within its rights to fire Mathebula.
Molatudi shares that the issue in this instance from an employer’s perspective was with regards to sick leave being manipulated for ulterior agendas.
“The issue is that the employee told his employer that he was incapacitated, and not well enough to perform his duties. The employer accepted that, but then the employee was seen on TV by his line supervisor, who he had informed he was not well.
The employee further argued that he was only required to provide a sick note if he stayed away from work for more than 2-days, and this may have been the argument that led to him winning his CCMA case.
Unfortunately, the Labour Court did not find that argument was withstanding, because it had more to do with the employer’s reasoning that Mathebula had been dishonest.
Because when you’re saying to your employer that you’re sick, the last thing they want is to see you catching a flight, at a rugby match, at a protest, at your leisure.”
Osbourne Molatudi, Employee Law Specialist
Listen to the conversation on Kaya Biz:
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