What is an employer to do when it suspects that a medical practitioner is issuing pre- signed sick notes, or permitting its employees to buy sick notes, or, alternatively, is engaging in some other dubious practice regarding the issue of sick notes? What is an employer to do when it suspects that a person is not entitled to practice as a medical doctor?
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The labour appeal court, in Woolworths (Pty) Ltd v CCMA and Others [2024] 8 BLLR 881 (LAC); (2024) 45 ILJ 2270 (LAC), provided the following guidelines in the above regard:
- the employer is required to investigate the matter and report it to the relevant authorities, including the Health Professions Council of South Africa, the South African Medical and Dental Council and the Health Science Academy (if the practitioner holds a dispensing certificate);
- the idea that an employee, who happens to go to a doctor who is not trusted (or a person suspected of not being a medical practitioner), must be subjected to a disciplinary process for utilising the services of such person is rejected – at the very least, the employer should investigate these suspicions and, if the suspicions are well-founded, the employee should be warned against using the particular doctor;
- at all relevant times, the investigation into the alleged conduct should be conducted by the relevant entities as identified above.
