28 June 2026
A recent tragic incident at a Johannesburg workplace has renewed attention on how illness is managed in South African workplaces, highlighting the potential human and legal consequences when processes and communication break down.
For both employers and employees, handling illness at work remains one of the most sensitive areas of employment relations, with experts warning that misunderstandings can quickly escalate into serious disputes or worse outcomes, according to The Sunday Independent.
Workforce Healthcare, an occupational health and wellness provider, is urging both parties to familiarise themselves with their rights and responsibilities before crises arise.
Dr Robin George, senior occupational medicine practitioner and national operations manager at Workforce Healthcare, said communication failures are common when employees become ill.
“When an employee becomes unwell, it can cause a tricky breakdown of communication, trust, and process on all sides.
“Employees are afraid to disclose what is wrong for fear of losing their jobs. Employers and managers don’t always know what they are legally allowed to ask, or what support structures they should activate. Meanwhile, the employee’s condition deteriorates,” he said.
South African labour law provides clear protections. The Basic Conditions of Employment Act entitles employees to paid sick leave, while employers are prohibited from penalising workers for taking lawful sick leave in line with procedures.
The Occupational Health and Safety Act requires employers to maintain a working environment that is safe and without risk to employee health, while the Employment Equity Act prohibits unfair discrimination on the basis of illness. Employees may not be dismissed simply for being ill.
Before any dismissal on health grounds can be considered, employers must show that the employee is unable to perform their duties and that reasonable accommodation options have been explored.
George said early disclosure of health issues is usually in an employee’s best interests.
“Early disclosure is almost always in an employee’s interest. It protects your rights, it activates the support structures you are entitled to, and it gives you the best possible chance of a good outcome, whether that is a return to work, a transition to light duty, or access to disability benefits,” he said.
However, many managers lack the training to properly manage employees who are frequently absent or visibly unwell, often defaulting to disciplinary or performance processes that may be inappropriate.
Experts warn that this approach can expose employers to legal and reputational risk if not handled correctly.
Workforce Healthcare recommends that organisations implement clear incapacity and illness management policies, including guidelines on when to refer employees to an occupational medicine practitioner (OMP). The OMP assesses fitness for work, recommends reasonable accommodation, and acts as a confidential link between the employee, treating doctor and employer.
They also advise the use of employee assistance programmes and wellness services, including 24-hour confidential helplines, which may provide early support for struggling employees.
Additional policy considerations include managing the transition from short-term sick leave to long-term incapacity, including engagement with insurers on disability benefits, as well as structured communication between medical professionals and employers.
“The earlier you bring in the right expertise, the better the outcome for everyone,” George said.
“We routinely work with employers who have been sitting on a difficult situation for months because nobody knew what to do.
“By the time they call us, the employee has exhausted all their leave, the insurer has not been notified, and the path back to health and work has become far more complicated than it needed to be.”
A major challenge, George said, is fear on both sides. Employees may be reluctant to disclose health issues, while medical professionals may limit information shared with employers due to confidentiality concerns.
He stressed that occupational medicine operates within strict privacy rules. Employers are not provided with diagnoses, but rather fitness-for-work assessments indicating whether an employee can perform their duties and whether adjustments are needed.
The underlying medical condition remains confidential.
Workplace experts say organisations that foster open communication and clear policies are better positioned to support employees while also protecting themselves from legal and operational risks.
Disputes over illness management may be referred to the Commission for Conciliation, Mediation and Arbitration (CCMA) or the Department of Employment and Labour if not properly resolved.
Workforce Healthcare is urging employers to review their policies and ensure management teams are properly trained, while employees facing disputes are encouraged to seek appropriate guidance.
Click here to view the source.