When a Sick Note Turns Into a Showdown: Employer Pushes Too Far

On 23 April 2026, the Western Cape Labour Court delivered its judgement in a case involving constructive dismissal and it didn't mince its words: saying that sometimes, an employer's conduct doesn't just cross the line - it obliterates the employment relationship altogether.

At the centre of this case was an employee who was dealing with serious mental health challenges - stress, anxiety, and depression. She submitted a valid medical certificate confirming she was unfit for work. That's where things started to unravel. Instead of handling the situation responsibly, the employer questioned the legitimacy of the medical certificate and accused her of dishonesty and malingering. It also backtracked on initially accepting her medical explanation and withheld most of her salary. Most importantly, it failed to investigate the medical evidence at all. The Court found that this was not a one-off incident but a pattern of dismissive and hostile conduct. The employee filed a claim with the CCMA of constructive dismissal. The employer tried to fight back, arguing that the situation wasn't "intolerable" and that the employee should've filed a formal grievance instead of resigning. However the Court wasn't buying it. Why? Because reality matters more than technicalities.

The employee had already tried to resolve things directly with senior management. Nothing changed. The accusations stuck. The salary stayed withheld. The trust? Completely shattered. At that point, expecting the employee to jump through more internal hoops was unrealistic - and the Court said exactly that. The Court emphasised that this didn't happen in isolation. It found that before the sick note dispute, there had already been a breakdown in communication. The employer had terminated remote working arrangements and the employment relationship was already fragile.

From the employee's side the court found that she did try to fix the relationship with her employer. She engaged directly with senior management and tried to resolve the dispute informally, but the employer dug in its heels. The accusations remained and the salary issue wasn't fixed. The employer also tried to slice the situation into neat little compartments, saying it was just a salary dispute. The Court rejected that argument and made it clear that you don't get to isolate one issue when the real problem is a pattern of conduct. The withheld salary wasn't separate; it was part of the bigger breakdown. The Court said this clearly: expecting her to then file a formal grievance was unrealistic in those circumstances. From the Court's perspective, resignation wasn't a choice - it was the only reasonable option left.

And then came the big legal test: would another court likely come to a different conclusion? Not could - would. That's a high bar. The employer didn't even come close.

The Court held firm: the conduct, taken as a whole, made continued employment intolerable. Even the argument that the resignation was "pre-planned" fell flat. The employee only secured new work after leaving. It's important for employers to recognise the need to tread very carefully when dealing with medical issues. Jumping to accusations, ignoring evidence, and playing hardball with pay doesn't just damage morale - it can legally justify an employee walking out and claiming constructive dismissal. In the end, the employer's application for leave to appeal was dismissed. No costs order. The message was clear :Treat your employees fairly - or be prepared to lose, decisively.

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