Fraud on Medical certificates

[Fitness freak]

I had no idea this will bring so many people to this discussion and glad everyone got more or less the same idea behind this labour issue.

So I'm just bringing you an update on what have happen't

For safety we got an Chairperson in from an independent labour issue company in to do the hearing and verdict.
He had a disciplinary hearing with is employee and the employee admitted he was wrong

Chairperson came and and discuss the matter with us and we decided that he must go

We've paid his leave out and gave him a letter of service

His gone and haven't hear of him again

[sterne.law@gmail.com]

You may be seeing them at the CCMA soon. We ignored an employee whom stayed away without alerting us , this happened more than once and they also did not perform and had few written warnigns in their name. We are now having to meet them at CCMA. Guess what claim they have : Unfair labour practise - reason for not coming to work regularly .

CCMA normally looks in the interest of the employee regardless of how wrong they have been. Be carefull and consult with experts before making any decision but a final written warning sound enough but fraud is normally a dismissable offence. But we can always ask to what degree and the aprty involved.

The CCMA is much more fair than employers think. Your matter is no big deal, the employee has made an incorrect referral - staying away from work(???) is not an unfair labour practice - employee should be referring as unfair dismissal. If he wnats to continue with an unfair labour practice then let him continue because that falls under The jurisdiction of Lbaour court. That should atke a year befor ethey listen to him and it costs more.

I presume this employee never returned to work - this is absconding. if this is so, you have never dimissed him - yet. So his unfair dimissal claim has no chance. You will need to hold a hearing and dismiss for the unreasonable absence.
Absconding is an interesting issue - there are divided opinions on how to handle this.

[sterne.law@gmail.com]

I had no idea this will bring so many people to this discussion and glad everyone got more or less the same idea behind this labour issue.

So I'm just bringing you an update on what have happen't

For safety we got an Chairperson in from an independent labour issue company in to do the hearing and verdict.
He had a disciplinary hearing with is employee and the employee admitted he was wrong

Chairperson came and and discuss the matter with us and we decided that he must go

We've paid his leave out and gave him a letter of service

His gone and haven't hear of him again

You might still hear from him, when he refers the matter. Unfortunately even when every step is followed the CCMA acts as the appeal process. But you will be good as you followed the procedures.

[Dave A]

You might still hear from him, when he refers the matter.

I've found when you take the time to make sure the employee

• understands why they were dismissed
• have a sense that you have treated them fairly in the matter

they move on and it doesn't come back.

[BBBEE_CompSpec]

He still has condonation. He can apply in 150 days time using a medical reason for his late application. He will be granted Arbitration in limine. Never rest on your laurels. Get to know the law, the loopholes and the facts. You need to be one step ahead of your employees. You should have them working for you not you for them.

[BBBEE_CompSpec]

I recently was requested to do a retrenchment for a business that, in no way, could pay severance. In consultation I managed to convince the employee that if I did not do the process correctly and that if he didn't accept the offer put before him, I would have to close the business down completely. I did have alternatives to him losing his job completely. Now both the Employer and Employee are happy. There will still be a retrenchment. The business will not close. They will now work side by side and both determine their own salaries. And they have the SETA's backing.

There are ways to sort out problems. If you have incompatibility revert to retrenchment. Find them alternate work in another company. Try anything. Just don't look for a reason to dismiss. Employees are very clever today.

[sterne.law@gmail.com]

He still has condonation. He can apply in 150 days time using a medical reason for his late application. He will be granted Arbitration in limine. Never rest on your laurels. Get to know the law, the loopholes and the facts. You need to be one step ahead of your employees. You should have them working for you not you for them.

Seeing as the guy has just been dismissed, condonation is not an issue, nonetheless there is no prescriptive case or time line for a condonation application. Each application will be treated on it's merits. and show good cause. Employers should also note that they may object in writing to a Condonation application. Quite correctly employers must educate themselves on the basics and NEVER take for granted that a case is a slam dunk!!

[Marq]

Employees are very clever today

So what were they yesterday?

[BBBEE_CompSpec]

You need to go to Schedule 8 of the LRA. Secondly, your company needs to have its own Policies & Procedures Manual. I have one already to use in my latest book. It comes in CD or DVD format and only costs R460-00. There is also everything you need to discipline for any misconduct. You don't require a three warning system.

[BBBEE_CompSpec]

They weren't allowed to give an opinion. They were suppressed in their further education on labour legislation. Many business owners or Employers got away with murder. I could go on for ever. Today the Department of Labour has the right to advertise on both TV and Radio.

[BBBEE_CompSpec]

The Department of Labour now has equal jurisdiction with the CCMA. Where the CCMA were not allowed to adjudicate over salary matters in the past, they may now do so in the matter of a referral. CCMA cannot afford to have offices in all towns but the DOL is already established throughout SA. The DOL now accepts referral applications and transfers them to CCMA. Labour inspectors are now being trained in the areas of the CCMA. They are working together. We already know that the DOL is very biased and will act mainly on behalf of the employee.

[BBBEE_CompSpec]

In the total time I have worked with the CCMA, and that dates back to when the CCMA used the Industrial Courts premises as well as the DOL, that I have seen a condonation case go beyond 150 days. I was informed by a senior commissioner in Natal that he will not allow a hearing where the degree of lateness exceeded 150 days unless there was a serious medical reason quoted.

[BBBEE_CompSpec]

The scary part of going to an Arbitration at the CCMA is, unlike the civil courts where you have an idea of what will happen to you when you break the law, you never know what the result is going to be until the award is made. And that even if you have a reason and you follow the correct procedure. GET TO KNOW LABOUR LEGISLATION.

[Chandler]

What if the doctor wrote the wrong dates and it's backdated bt your employer charge you for tampering with a medical certificate

[Dave A]

What if the doctor wrote the wrong dates and it's backdated bt your employer charge you for tampering with a medical certificate

Get a note from the doctor.
Or ask the employer to call the doctor.