Traffic officer axed over record of absenteeism

The City has welcomed a Labour Court judgment which found the dismissal of a traffic officer due to ill-health was fair.

The employee –represented on a pro-bono basis by a Legal Aid lawyer – had taken her application to appeal against her dismissal to the Labour Court six months after she was dismissed.

The employee had been re-employed by the City of Cape Town as a traffic officer in August 2016 and dismissed for incapacity on grounds of ill-health in July 2020.

As a traffic officer, it was a term of the applicant’s employment that she was required to work shifts.

“The applicant suffered from depression and was booked off work for extensive periods. Within a year of her employment, she had been absent from work for 99 days, of which 80 were for sick leave. An incapacity inquiry was instituted, but abandoned after her attendance improved.

“It is notable that her attendance improved dramatically when her paid sick leave was exhausted, but resumed when her next sick leave cycle began. Within three months of the new sick leave cycle beginning in August 2019, she had taken 35 days sick leave with medical certificates and 21 without.

“Owing to a difficulty she encountered ... she was temporarily given administrative work. Evidence in the arbitration showed her erratic attendance, when she occupied that position, disrupted administrative workflow. She asked to work ‘day shift’ as a traffic officer, and said she could only manage to perform traffic officer duties if she took less than her prescribed dose of medication.

The municipality instituted a second incapacity enquiry which eventually led to her dismissal,” the judgment detailed.

The officer argued that she was able to perform administrative duties and should have been accommodated to work day shift only, even if it meant she had to be demoted.

“The City claims that a clerical post available at a lower salary grade was available but she did not have the necessary skills for the post. In respect of one vacant post, the head of the relevant department was unwilling to place her there because of her attendance record,” the judgment read.

Labour Court Judge Robert Lagrange said: “On a prima facie view, it appears that even if a special day shift slot had been created for the applicant to work as a traffic officer, she would have jeopardised her health because she had reduced her medication to be functional in that role.

“Her absenteeism only improved when she was not eligible for paid leave and when she occupied an administrative position her attendance did not improve as long as paid sick leave was available.

There is no reason to suppose an alternative administrative post would have resolved her poor attendance record.”

City spokesperson Luthando Tyhalibongo said they had done all they could to accommodate the employee but her absenteeism did not improve.

“This judgment confirms that the process followed by the City was fair,” said Tyhalibongo.

Cape Times