Although this seems to be an apparent situation, at first glance, the matter had to be escalated to the Labour appeal court to be confirmed.
In the case of Woolworths (Pty) Ltd v CCMA and others PA 12/2020 LAC, an employee claimed to be ill and attended a Rugby match. The CCMA found the dismissal was unfair both procedurally and substantively, as he had not hidden the fact that he attended the match and he was, therefore, not dishonest. The Labour Court found the dismissal procedurally fair but substantively fair as the employer lacked a policy that an employee must return to work if his condition improves.
The Labour appeal court disagreed with both the CCMA and the Labour Court and held the employee was dishonest as he stayed away from work knowing, he would be reimbursed for that day resulting in the trust being broken.
Resources:
- Woolworths (Pty) Ltd v CCMA and Others PA 12/2020 LAC
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