Labour Court upholds dismissal of NMU employee after missing work for over 260 days due to illness

North-West University employee's dismissal upheld by Labour Court after health-related absence.

The Labour Court in Johannesburg has ruled against a former North-West University (NWU) employee who was dismissed after missing work for more than 260 days over a two-year period.

Acting Judge M.J. Ngobeni dismissed an application by BM to review and set aside an arbitration award issued by the Commission for Conciliation, Mediation and Arbitration (CCMA) in December 2022. The court found no basis to interfere with the commissioner's decision.

BM had been employed by NWU as a Senior Curriculum Specialist in its Qualifications and Academic Planning Unit. The court heard that she suffered a series of serious health setbacks, including anxiety requiring psychiatric hospitalisation, orthopaedic surgery, Covid-19 and pneumonia, resulting in lengthy periods away from work.

She eventually returned to work in February 2022 on light duties after being booked off for months.