The South African Revenue Service (SARS) was successful in its attempt to dismiss an employee who claimed sick leave but was later seen on television attending an EFF protest at a Clicks store in Sandton.
The employee in question, Benneth Mathebula, a junior investigator, was fired by the tax agency in early 2021 for dishonesty. Mathebula, on the other hand, appealed the decision to the Commission for Conciliation, Mediation, and Arbitration (CCMA) and was later granted reinstatement with back pay.
The Labour Court recently overturned the CCMA’s decision, finding SARS’ termination of Mathebula’s employment to be valid. Both parties agreed that Mathebula took two days of sick leave in early September 2020 and followed the tax agency’s policy by visiting a doctor on the third day and receiving additional time off to recover at home.
When Mathebula returned to work, his boss confronted him about his appearance on television during an EFF protest march while he was supposed to be on sick leave. Mathebula did not deny attending the protest, which was organised to condemn a hair advertisement deemed racist by the EFF. He claimed that despite feeling ill at the start of the day, he began to feel better after taking medication.
According to Mathebula, a friend approached him and requested his presence at the Sandton protest. He saw no problem with this because he believed that getting some fresh air would help him recover. “I did not see anything wrong with that,” he said. Actually, I thought it might be a good idea to go out [and] stretch a little because I was not bedridden, and I figured I would be fine after that.”
SARS, however, was unconvinced by his explanation and fired him in March 2021 for dishonesty following a disciplinary hearing. Mathebula was accused by the tax agency of intentionally misleading them. Mathebula filed an appeal with the CCMA, which ruled in his favour, stating that there were reasonable grounds to believe he was genuinely sick on September 7 and that there was insufficient evidence to prove his intent to deceive his employer.
SARS then appealed the CCMA’s decision and took the case to the Labour Court. In its decision, the court concluded that the CCMA erred in its decision to reinstate Mathebula.
The case was presided over by Judge Graham Moshoana, who stated, “Mathebula expected to get away with the enjoyment of supporting the protest march while claiming to be sick,” expressing a clear stance on the matter. Mathebula was accused of “malingering” in order to participate in the protest by the court, who believed he was not truly ill.
The judge emphasised that Mathebula received his medical certificate on September 9, after the protests had already begun, and that the certificate’s description of the illness as “absence due to medical condition” was vague and insufficient. The court ultimately determined that the medical certificate did not adequately demonstrate that he was truly ill on the days of the protests.
Based on the evidence presented, the court concluded that Mathebula’s intent was to deceive SARS by falsely claiming illness in order to avoid work responsibilities and participate in the protest action.
Finally, the Labour Court decision supports SARS’ decision to dismiss Mathebula, emphasising the importance of honesty and integrity in the workplace. The case serves as a reminder to employees of the ramifications of lying about their circumstances and responsibilities, as well as the importance of following company policies and regulations.
