The Labour Appeal Court has ruled that even when a doctor's office resembles a crime scene, it doesn't justify dismissing an employee for using their sick note. A case involving Woolworths exposes the intricate dance between suspicion and evidence in the fight against fraudulent medical certificates.

A recent Labour Appeal Court decision in Woolworths (Pty) Ltd v CCMA has shed light on the complex issue of fraudulent medical certificates in South African workplaces. This case, involving an employee dismissed for allegedly submitting an irregular medical certificate, highlights the delicate balance between protecting employers' interests and safeguarding employees' rights.

Woolworths dismissed an employee for submitting what they alleged was an irregular medical certificate in 2018. Lorain Maseko had submitted a medical certificate from a Dr Frempong that raised suspicion as Woolworths had received warnings about questionable certificates from this doctor. Upon investigation, Woolworths discovered the employee had previously submitted a certificate from the same doctor in March 2016, though Maseko claimed the 2016 certificate was from a Dr Zanele.

Woolworths conducted an investigation into Dr Frempong's practice, concluding that he might be selling fake medical certificates.

Woolworths' suspicions about the validity of Dr Frempong's sick notes arose from several factors:

It had received an email warning from a sister store about suspicious medical certificates issued by Dr Frempong.When investigating Dr Frempong's practice, Woolworths managers observed what they believed to be people negotiating the purchase of medical certificates.Patients were entering and exiting Dr Frempong's consultation room very...