n South African Law Journal - A discordant note : : notes




The judgment in the case of 2014 (1) SA 585 (SCA) upholds earlier decisions at the CCMA, the labour court and the labour appeal court. (Paragraph references that follow will be to this judgment, unless otherwise indicated.) This unanimity of decision is accompanied by striking differences regarding whether the first respondent was ill, in what ways a note from the respondent's traditional healer should be regarded as evidence, and in the nature of the respondent's justification for failing to present herself for work. Regrettably, the judgment at the SCA does too little to resolve the differences between earlier rulings. In addition, it at least suggests an approach to the status of sick notes from traditional healers that is unsuitable for broad application, and seems rather to be an ad hoc reaction to an unusual case.


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