A recent Employment court case has confirmed that an employee on sick leave may recuperate at places other than their own home e.g. where they have family support.  Therefore just because an employee is seen away from their home while on sick leave will not justify disciplinary action.

However, the Court also decided that the employee was not recuperating and was instead attending an out of town sporting event for which annual leave had been refused.  The employee gave contradictory explanations for his absence and refused to supply additional medical information when requested for an explanation by the employer.

In this case the employee’s photo at the sporting event was posted on Facebook.  The employer followed a proper process of investigation and did not jump to conclusions or pre-judge the matter.  The employee had a duty to be open and honest and he failed to be so.

If you need help with any disciplinary or sick leave issues give me a call on (04) 473 6850.