When an Employer's Response to Sick Leave Crosses the Line: Labour Court Finds Constructive Dismissal
The Labour Court has overturned a CCMA ruling and found that an employee was constructively dismissed after her employer's handling of her sick leave and salary destroyed the employment relationship.
In Lewis v Commission for Conciliation, Mediation and Arbitration and Others (Case No. C302/2024), the Court found that while the employer was entitled to require employees to return to the office after the COVID-19 pandemic, its treatment of the employee during a period of certified illness ultimately made continued employment intolerable.
The employee joined the debt collection company in 2019 and, during the pandemic, was allowed to relocate from Gauteng to Cape Town while working remotely. In 2023, after the company lost several major clients and faced financial pressure, it instructed all remote employees to return to its offices by 1 January 2024.
The employee asked for an extension until March 2024 because of her family circumstances, but the request was refused. Shortly afterwards, she was booked off work with anxiety and depression linked to workplace stress. Her doctor provided both a medical certificate and a supporting letter confirming her condition.
Initially, the employer accepted her sick leave and confirmed it would be paid. Days later, however, it reversed its decision, accused her of abusing sick leave, questioned the legitimacy of her medical evidence without seeking any independent medical assessment, warned her of possible disciplinary action, and withheld most of her November salary. The employee resigned and referred a constructive dismissal dispute to the CCMA.
The Commissioner found that she had not proved constructive dismissal. employee successfully took the award on review to the Labour Court.
The Court accepted that the employer's decision to end remote working was commercially justified and did not, on its own, make the workplace intolerable. Likewise, the deterioration in communication between the employee and senior management reflected the business's operational pressures rather than unfair conduct.
However, the Court found that the employer's response to the employee's medical condition was unreasonable. Instead of following its own policies by verifying the medical evidence, it immediately accused her of malingering, reversed its approval of her sick leave, reduced her salary and undermined the trust necessary for an ongoing employment relationship.
The Court held that this conduct was the "straw that broke the camel's back", making continued employment objectively intolerable. It substituted the CCMA award, declared that the employee had been constructively and unfairly dismissed, and awarded her compensation of R310 571.19, while ordering each party to pay its own costs.
The judgment serves as a reminder that employers may make legitimate operational decisions, but they must still deal fairly, consistently and compassionately with employees facing genuine medical difficulties.
This article is for informational purposes only and does not constitute legal advice. For specific legal guidance on protected disclosures, employment practices, or compliance obligations, consult a qualified labour law practitioner.
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