Keep reading to find out...
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All the resources you need to stay on top of the labour laws in one package!
Wow! 2014 was a roller coaster ride of labour law changes. The BCEA, LRA and EEA all changed! And just like the joy ride, does the thought of having to implement them all in your business make your belly do flips? Does it make your palms sweaty and your heart race? And I don't mean in a good way either…
Just this week, I heard from an inside source that the DoL have hired an extra 500 inspectors in Johannesburg just to check EE alone! Can you imagine being caught off-guard and non-compliant? I think a R2.7 million fine would be just the start of your worries!
Let's look at the case: Kiviets Kroon Country Estate (Pty) Ltd v Mmoledi & others [LAC] JA78/10)
The facts of the case:
Kiviets Kroon dismissed an employee for staying away from work. She had a medical certificate from a traditional healer. It said she had 'premonitions of ancestors'.
The CCMA and the Labour Court said the dismissal wasn't justified. They said she had a justifiable reason for not being at work.
Kiviets Kroon took the case on appeal to the Labour Appeal Court. It said the Constitution recognises traditional beliefs and practices. So employers should also accept these beliefs too.
In this case, the employee didn't undergo 'medical treatment'. She was off for cultural, traditional belief or ancestral consultation.
The employee's case was about her cultural and traditional beliefs. She said she was in consultation with a Traditional Healer. This was to help her with training that would qualify her to be a Sangoma, because she had a calling from her ancestors.
So now what? Keep reading to find out...
What if I told you R19 billion is how much sick leave costs SA employers every year?
Scary, isn't it?
What's even scarier is that almost 30% of that R19 billion is wasted paying for employees' 'duvet days' when they just don't 'feel' like coming into the office.
And while your company probably has strategies in place to ensure your employees don't abuse the company's sick leave
policy – systems like ensuring their employee brings a medical certificate into the office if they've been absent two days or more – how can you be sure you aren't being taken for ride?
It's easy, if you know how
. And now it's fully updated with the requirements of what you need to look for on a Sangoma's sick note.
This case gives clarity on cultural, traditional or ancestral matters
So, you can't refuse to accept a traditional healer's certificate when it comes to giving sick leave
. Or even to justify absence from work. And here is what the President says...
On 30th April 2014 the President signed the Traditional Health Practitioners Act
So, South Africa now recognises registered traditional healers as legal traditional health practitioners. (The Traditional Health Practitioners Act of 2007 (Act. 22 of 2007)).
From 1st May 2015 traditional health practitioners must register with the Council.
This allows traditional health practitioners' medical certificates to become proof of incapacity.
After registration with the Traditional Health Practitioners Council of South Africa, the traditional healer must conform to the requirements for payment of sick leave just like any other medical practitioner.
What does this mean for you as the employer?
Basically, if an employee gives you a medical certificate from a traditional healer, you have to give him paid sick leave
. It also means, it the certificate justifies the employee's absence from work, it's valid.
To find out exactly what the certificate must include, click here to get your copy of The Ultimate Guide to Sick Leave
. We've just updated it with all you need to know!