The South African Revenue Service (SARS) has successfully won its case to dismiss an employee who took unauthorised time off, claiming to be sick, only to be spotted participating in an Economic Freedom Fighters (EFF) protest at Clicks in Sandton.
SARS worker spotted at EFF protest during sick leave loses court appeal
As reported by News24, junior investigator Benneth Mathebula faced dismissal from SARS for dishonesty in early 2021.
However, he appealed the decision to the Commission for Conciliation, Mediation, and Arbitration (CCMA), which ruled in his favour, ordering his reinstatement and back pay later that year.
The Labour Court Overturns CCMA’s Ruling
Recently, the Labour Court overturned the CCMA’s ruling, determining that SARS was justified in firing Mathebula for his actions.
Both parties agreed that Mathebula took two sick days off from work in early September 2020 and visited a doctor on the third day.
However, the situation took a different turn when his supervisor saw him on television, participating in an EFF protest during his alleged sick leave.
Conflicting Explanations and SARS’ Dismissal Decision
Mathebula did not deny attending the protest but claimed that he initially felt sick but improved after taking medication.
He asserted that he didn’t think it was wrong to accompany a friend to the event and believed he would feel better afterwards.
SARS, however, found his explanation insufficient and dismissed him in March 2021 for dishonesty, accusing him of intentionally misleading the organisation.
Unsatisfied with this decision, Mathebula appealed to the CCMA.
CCMA Ruling and SARS’ Appeal
The CCMA ruled that Mathebula’s dismissal was unfair, stating that there were reasonable grounds to believe he was sick on the claimed dates and insufficient evidence to prove any intention to deceive his employer.
The Labour Court, upon appeal, found the CCMA’s ruling flawed and determined that Mathebula was not genuinely sick on the days of the protest.
The judge noted that Mathebula obtained a medical certificate on 9 September 2020, after the protests had already taken place. The certificate only mentioned “absence due to medical condition” without further details.
Judge Graham Moshoana, in the ruling, pointed out that Mathebula’s actions suggested an intent to deceive SARS to attend the protest while falsely claiming sick leave.
The court concluded that the medical certificate couldn’t substantiate Mathebula’s claimed illness during the protest days.