L154 FAKE SICK NOTE FRAUD OR ILL HEALTH SOUTH AFRICAN LABOUR LAWYER EXPLAINS

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This video explains the grey area on sick notes and sick leave in the workplace. Aslam specifically discusses the question of, what is an employee expected to be doing during their sick leave? • This question is discussed through the help of a CCMA Case: UASA obo Adams v. Atlantis Foundries (Pty) Ltd (2021). Aslam discusses the facts of the case, such as the validity of the sick note and the employee spending his sick leave doing recreational activities. The CCMA Commissioner explains that if the medical certificate complies with all the requirements set down by law, it should be accepted, and what the employee chooses to do with his sick leave is not the employers concern. This video explains that if an employee seeks help from a mental health specialist and receives a sick note, the employee can be involved in any recreational activities or any legal activities without being dismissed due to the valid sick note. • The use of polygraphs has been around for decades and is often know as a lie detector test. In recent years, it has also been more commonly used by South African employers for internal investigations and selection of job applicants. In this video, Aslam explains 3 key aspects to consider when using a polygraph test including the employees consent of the test as well as an agreement in place such as a collective agreement. Aslam explains that the results from a polygraph test can be used as mitigating or supporting evidence in a CCMA, but an employee can’t be fired simply because they have failed the polygraph. As an individual, you have the right to the polygraph test results and is required to be kept confidential. Otherwise you may have a claim at CCMA for unfair dismissal or even an unfair labour practice in terms of the Labour Relations Act. • === ATTORNEY INQUIRIES === • CONTACT: Aslam Moolla • EMAIL: [email protected] • WEBSITE: https://www.legal-leaders.co.za/servi... • === ABOUT ASLAM MOOLLA === • 💼 Aslam Moolla is a licensed Attorney with a Masters in Law who specializes in Divorce and Labour Law. In 2014, he was awarded the Lexis Nexis Prize by the University of KwaZulu-Natal. Our law office is based in Umhlanga, Durban. We developed this series of videos to show you how to handle yourself in court and achieve the best outcome for your case. • === SOCIAL MEDIA === • WEBSITE: https://www.legal-leaders.co.za/servi... • LINKEDIN: / aslammoollalawyer • FACEBOOK: / aslammoollalawyer • INSTAGRAM: / legalleaderssa • TWITTER: / legalleaderssa1 • PINTEREST: / legalleaderssa • TIKTOK: https://www.tiktok.com/@legalleaderss... • === TIME STAMPS=== • 00:13 Introduction • 00:51 CCMA Case Example • 03:32 Aspect One • 03:54 Aspect Two • 04:23 Aspect Three • 🔔 Subscribe for more • • === RESOURCES CITED IN THIS VIDEO=== • Labour Relations Act – South Africa • • === LEGAL DISCLAIMERS === • Legal Disclaimer: This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship with Aslam Moolla. Please consult an Attorney to get specific legal advice to your specific situation • If you found this video helpful, please make sure to give it a thumbs up and subscribe

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