Medical certificates, the question arises time and time again. Employers believe that if the employee produces a medical certificate as justification for a period of absence, the employer is bound to pay the employee. Employees also believe there is nothing the employers can do, except treat the absence as paid sick leave. This leads to abuse of the system.
Medical certificates constitute hearsay evidence. In a 2006 court judgment handed down by the Labour Appeal Court, the matter was addressed.
The Evidence Amendment Act 45 of 1998 makes it clear that hearsay evidence includes evidence given in writing by a person, other than the deponent to an affidavit. This means that a medical certificate, which is submitted by the employee, is evidence given in writing by another person – and therefore consitutes hearsay evidence. Hearsay evidence is not admissible unless it is supported by other direct evidence. The court stated that absence of affidavits from the doctors led to the inference that they were not prepared to defend the certificates under oath. Employers do not have to accept medical certificates – such a document comprises hearsay evidence and the employer is fully entitled to query it, or, depending on the circumstances, to simply reject it and take disciplinary action against the employee, or simply treat the period of absence as unpaid leave.