The abuse of medical certificates appears to have resulted in a pandemic of its own. Employers and employees alike are able to recount tales of widespread abuse in the public and private sectors. The abuse of medical certificates seems infectious and is well documented in the law reports:
The May 2024 judgment considered evidence on employees who submitted fraudulent medical certificates and received pay for days on which they did not work. The certificates were purportedly issued by 'Platinum Health' but stamped at the RPM Hospital. An investigation revealed that the employees did not visit 'Platinum Health', as recorded in the certificates. The certificates were signed by the same unknown person without their initials or surname and did not reflect a practice number.
The Appeal Court concluded that the employees submitted the medical certificates with the single intention of deceiving their employer. The Court accepted the employer's zero-tolerance approach to dishonesty and fraud. Most importantly, and self-evidently, the Court held that the fraud and dishonesty committed by the employees were serious and patently undermined the trust relationship between the employer and employees.
There can be little, if any, doubt as to the negative impact of dishonesty in the workplace. This holds true for dishonest timekeeping practices as well. Where employees intentionally aim to deceive their employer about attending work, performing additional work in return for payment of overtime or extra time for work on Sundays or public holidays, fibbing about being sick while they are not, or submitting false medical certificates as proof of their inability to attend work, their employment is at risk. Employees who are dismissed for dishonesty related to purported sickness should expect no sympathy from the employment tribunal or Labour Court.
