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Employee wearing a protective face mask while on sick leave, representing workplace illness, sick leave rights, employer conduct, constructive dismissal, and South African labour law.

When an Employer's Response to Sick Leave Crosses the Line: Labour Court Finds Constructive Dismissal

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.

Jonathan Goldberg

4 days ago3 min read

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