Case Law: Ignorance Isn’t Innocence.
A Cautionary Tale About Sick Notes and Fraudulent Claims
Fraudulent sick notes are nothing new but recent case law serves as a powerful reminder that ignorance won’t necessarily shield employees from dismissal. As business members increasingly face absenteeism abuse, two cases Harmony Gold and Woolworths v Maseko offer sharp insights into what employers can and can’t do in response.
(SA)UEO’s General Secretary, Elise Coetser, and Assistant GS, Andre Fourie, recently explored these landmark decisions with our legal and HR panels. Here’s what business owners and organisers need to take away:
The Harmony Gold Case: Fraud Will Get You Fired
In NUMSA obo Tlhone v Harmony Gold Mining Company Ltd (2025), a single day of sick leave landed an employee in serious trouble.
- She submitted a medical certificate she said came from a doctor’s receptionist.
- But Harmony Gold contacted the doctor, who denied issuing it.
- The employee had a history of submitting legitimate sick notes- so she couldn’t claim ignorance of company policy.
Outcome: The CCMA found the employee dishonest. Dismissal upheld.
Key lesson: If the employer can show the employee knew the note was fraudulent – or that they should reasonably have known- it’s grounds for dismissal.
The Woolworths Case: Ignorance Can Be a Legal Shield
In contrast, in Woolworths v Maseko (2024):
- The employee submitted a sick note from a practice known to be dodgy.
- But the doctor confirmed he had seen her and had issued the certificate based on her symptoms.
- The employer accused her of dishonesty, but couldn?t prove she knew the certificate was invalid.
Outcome: The Labour Appeal Court ruled the dismissal was unfair.
Why: The employer couldn’t demonstrate that the employee knowingly submitted a fraudulent or irregular certificate.
The Legal Distinction: Intent Matters
These cases hinge on a critical principle in labour law: the employee’s knowledge and intent.
While employers have every right to expect integrity, they must prove that the employee:
- Knew the sick note was fake, or
- Ought reasonably to have known something was amiss.
Without that, the dismissal may not hold at arbitration or in court.
What Should Employers Do?
- To protect themselves, employers must go beyond just reacting?they must educate, document, and implement.
- Policy Clarity: Set out clear rules for what constitutes a valid medical certificate.
- Employee Education: Ensure staff know what to look for, valid practice number, doctor's signature, correct dates.
- Internal Protocols: Verify certificates when suspicious; maintain consistent documentation of disciplinary steps.
- Reasonable Inference: Past behaviour matters. If the employee has previously followed proper channels, claiming ignorance becomes harder.
Final Word from (SA)UEO
At a time when fraudulent absenteeism affects productivity and costs, business owners must walk the fine line between protection and fairness. These cases show us that intent and context are everything.
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