SARS employee seen at EFF protest after calling in sick fired
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GUEST – Osbourne Molatudi – MD of Molatudi Attorneys
The SA Revenue Service (SARS) has won its case to dismiss an employee who took time off claiming to be sick, only to be seen on TV by his bosses at an EFF protest at Clicks in Sandton. The employee, junior investigator Benneth Mathebula, was initially fired by the tax agency for dishonesty in early 2021. But he won his appeal at the Commission for Conciliation, Mediation, and Arbitration (CCMA) later that year, which ordered that he be reinstated and given back pay.
The Labour Court has now overturned the CCMA's ruling, finding that SARS was within its rights to fire him. Both sides agreed that Mathebula took two sick days' leave from SARS in early September 2020. On the third day, he saw a doctor in line with the tax agency's policy. He was given more time off at home.
The SA Revenue Service (SARS) has won its case to dismiss an employee who took time off claiming to be sick, only to be seen on TV by his bosses at an EFF protest at Clicks in Sandton. The employee, junior investigator Benneth Mathebula, was initially fired by the tax agency for dishonesty in early 2021. But he won his appeal at the Commission for Conciliation, Mediation, and Arbitration (CCMA) later that year, which ordered that he be reinstated and given back pay.
The Labour Court has now overturned the CCMA's ruling, finding that SARS was within its rights to fire him. Both sides agreed that Mathebula took two sick days' leave from SARS in early September 2020. On the third day, he saw a doctor in line with the tax agency's policy. He was given more time off at home.
