Slip & Trip Alert Notice 8

Slip 'n Trip

Medical practitioners must be conscious of their civic duty to society and the rule of law.  They must also remain conscious of the Hippocratic oath and routinely stay true to its terms and spirit.  It is not the role of a medical doctor to be an accomplice in an enterprise calculated to deceive and defraud an employer.

This slip and trip notice deals with some important ‘tricky’ issues relating to the conduct of medical practitioners and medical certificates.

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  • What is the labour court’s recent viewpoint as to whether or not item 10 of Schedule 8 to the LRA contemplates the nature of illness to include ‘consultation’ and the nature of injuries to include ‘stress and insomnia’ or ‘post-traumatic stress disorder’?
  • How should the scenario be dealt with where an employer attempts to comply with item 10 of Schedule 8 to the LRA but the employer’s efforts are frustrated by the employee and his/her representatives?
  • With reference to Old Mutual Life Assurance Co SA Ltd v Gumbi 2007 (5) SA 552 (SCA) and Mghobozi v Naidoo and Others [2006] 3 BLLR 242 (LAC), how did the labour court recently deal with the scenario where the treating doctor issuing a medical certificate did not depose to an affidavit to substantiate the nature of illness recorded in such certificate, nor was called to give evidence in the arbitration proceedings?
  • How should an employee be dealt with when it becomes apparent that such employee is no longer committed to her employment with that particular employer?