Assignment 2 Semester 1 2026
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Due Date: April 2026
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, 2 ANSWERS PROVIDED
The dispute concerns whether the handwritten certificates issued by Gogo M‟lungisi,
a registered traditional healer, constitute valid medical certificates in terms of section
23 of the Basic Conditions of Employment Act 75 of 1997 (BCEA), and whether Ms
Vitamin‟s absence and extended leave to answer her „calling‟ amount to misconduct.
Legal framework
Section 23(1) of the BCEA provides that an employer is not required to pay an
employee who has been absent for more than two consecutive days, or on more
than two occasions during an eight-week period, unless the employee produces a
medical certificate stating that they were unable to work due to illness or injury.1
1
Basic Conditions of Employment Act 75 of 1997 (BCEA) s 23(1).
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