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JJ van der Walt

JJ van der Walt is a senior associate in Baker McKenzie’s Employment & Compensation Practice Group in Johannesburg. He is experienced in employment law and investigations, acting for local and international clients across various industries.

The pandemic of medical certificate abuse is rife in both the public and private sectors, with many labor court cases in South Africa having decided that forging a sick note constitutes serious misconduct. A recent case of sick leave abuse in South Africa that found its way to the Labor Appeal Court again confirmed that an employer’s zero-tolerance approach to dishonesty and fraud was correct and that employees who are dishonest in their timekeeping practices will likely have a bitter pill to swallow when their actions are revealed.