Not to worry, easy to resolve, we refused the employee sick leave as it is suspicious and a medical certificate is hearsay evidence,
Not sure you understand how medical assessments work. If a patient describes his symptoms, there is sometimes no objective test to determine if the symptoms are legitimately there or not. If you're having pain, there is no test one can do to demonstrate the pain. In that way many certificates are 'hearsay' and they are valid and medically sound. If incapacity is likely, the certificate is issued.
then disciplined the employee for AWOL. Obviously the employee may then call the dr as witness to try justify the absence. Then when the dr is too high and mighty to attend, the matter goes to the CCMA where he is subpoenaed and cannot refuse.
Yes and the doctor will say, yes according to my medical assessment the patient had a migraine which will likely last 5 days and due to x and y I gave the employee time off, assuming confidentially is not in question, with employee's written permission. Nobody will fault the doctor. It's the correct approach and medically sound according to science.
Headaches can cause incapacity. The practitioner is right to call this, if the symptoms merit it. Again you have to prove the doctor was paid to write a sick note for 5 days without judging this according to professional board standards.
So, he and the employee are both pulled in line.
No, you won't pull the doctor in line. If you suspect the doctor is a mere sick certificate mill, there would other steps you'd have to take, via reports to the HPCSA or proof, eg sworn testimony by witnesses. But not for one or two cases.
Further, all employees are informed that no certificates from that dr shall be accepted as he had proved to issue questionable certificates, thus, no employee ever goes to him any more.
That's ground for defamation and possible proceedings against you and your company into the millions and you'd lose. Also further proceedings against your business according to basic conditions of employment and the employees right to health care. Possible regulatory review also and further findings.
You have to prove the certificate is invalid. One way would be for you to pay for a second opinion. Know this, that the second practitioner will probably concur with the original doctor because yes a headache can objectively give you 5 days of incapacity and doctors are bound by professional standards and not by whoever pays for their services. Patient right to confidentially also applies.
BTW, he could not explain his wild diagnosis in the CCMA. He got laughed at by everyone.
That's not going to happen. CCMA would not laugh at a witness. Sorry, that's a tall tale here. I can understand your frustration but 1. headache is a valid symptom to put on a certificate here. 2. 5 days is a valid period of time. It's not exceptionally long. You have to prove wrong doing here.
