Latest News

Can an employer’s treatment of sick leave amount to constructive dismissal in South Africa? In Lewis v CCMA and Others, the Labour Court found that accusations of sick leave abuse, questioning medical evidence without proper verification, reversing approved sick leave and withholding salary made continued employment intolerable. The employee was found to have been constructively and unfairly dismissed and was awarded compensation.

Can employers accept a traditional healer's medical certificate for sick leave? This article explains South Africa's current legal position under the Basic Conditions of Employment Act (BCEA), the Traditional Health Practitioners Act, the Kievits Kroon judgment, the Judge Lekale incapacity tribunal, and what employers should know about incapacity, cultural accommodation, discrimination, and traditional healer certificates.