Is the abuse of sick leave an act of misconduct in Zimbabwe?

Section 14 of the Labour Act [Chapter 28:01] regulates issues to do with sick leave in Zimbabwe. Generally, unless more favourable conditions are provided for in employment contract or any enactment, sick leave in Zimbabwe is granted in terms of section 14 of the Labour Act [Chapter 28:01].

Sick leave is applicable to an employee who is prevented from attending to his or her duties because he or she is ill or injured or has undergone medical treatment which was not occasioned by his or her failure to take reasonable precautions.

Abuse of sick leave benefits, occurs where an employee by word or conduct pretends to be ill or obtains a medical certificate by any false pretence in order to justify his or her absence from work. This includes obtaining false medical certificates from unqualified medical doctors. see G4S Secure Solutions SA (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration & Others [2020] ZALCD 3 or fabricating illness to obtain sick leave. Hans v Montego Pet Nutrition [2024] 2 BALR 196 (CCMA).

The abuse of sick leave benefits by an employee in Zimbabwe constitutes a breach of trust and amounts to a fraudulent practice. Where an employee is absent from duty without good cause, including any abuse of sick leave he or she may be dismissed from employment in Zimbabwe. Thus, an employee who abuses sick leave in Zimbabwe runs the risk of being dismissed as it is a flagrant breach of duty. see Woolworths (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration & Others [2022] 3 BLLR 296 (LAC).