The submission of sick notes during an internal disciplinary hearing in Namibia
At a glance
- The submission of a sick note by an employee will not automatically result in a postponement of a disciplinary hearing.
- An employer is entitled to request a medical report from a doctor as proof of illness or incapacity to attend a disciplinary hearing.
The appellant, Ms Hilya Taetutila Nghiwete, was appointed as the CEO of the Namibia Students Financial Assistance Fund (NSFAF). She was suspended in 2018 pending disciplinary proceedings. The suspension was based on alleged misconduct and maladministration.
The Board initiated disciplinary proceedings, but the process was delayed due to the appellant’s failure to attend hearings, which she attributed to illness. On 7 February 2020, the NSFAF Board resolved to terminate her employment, citing an irretrievable breakdown in the employment relationship. The appellant challenged the dismissal before the Labour Commissioner, who found it substantively and procedurally unfair and ordered reinstatement. The Labour Court partially upheld the arbitrator’s award but set aside the reinstatement, awarding remuneration up to July 2021. The appellant then appealed to the Supreme Court of Namibia, while the NSFAF cross-appealed.
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