JOHANNESBURG – Occupational health and wellbeing services provider Workforce Healthcare is calling on employers and employees to understand their rights and responsibilities before a crisis occurs.
The call comes in the wake of recent tragic events at a workplace in Johannesburg, which has put a spotlight on how South African workplaces deal with the human costs of employee illness and system failure.
Gushina Duradla, a 29-year-old car truck employee, was reportedly found dead in the bathroom of the company's Rosebank office on June 5, 2026, sparking protests.
Her fellow employees claim they felt pressured after she filed a medical complaint.
The company, which has faced protests over Dhladla's death, denies forcing her to work while she is ill.
CarTrack CEO Joshua Victor said the company is cooperating with law enforcement authorities and working with Duradla's family to establish the facts.
Protesters have accused the company of misrepresenting events and raised concerns about working conditions, but Kartrack says it remains committed to transparency and support for families.
In response to this incident, Workforce Health issued a statement supporting employers and employees alike to address illness in the workplace.
Illness is one of the most complex and emotionally charged areas of human resource management.
If done incorrectly, the consequences can be catastrophic.
“When an employee becomes ill, it can cause a difficult breakdown in communication, trust, and processes across the board,” says Dr. Robin George, senior occupational physician and national operations manager at Workforce Healthcare.
“Employees are afraid to go public with their problems for fear of losing their jobs.
“Employers and managers don’t always know what they’re legally allowed to ask or what support structures to utilize.
“Meanwhile, the employee's condition worsened.”
What are my employees’ rights when they get sick?
South Africa's labor laws are clear.
Under the Basic Conditions of Employment Act, employees are entitled to paid sick leave, and employers cannot legally penalize them for taking sick leave in accordance with company procedures and applicable law.
The Occupational Safety and Health Act requires employers to maintain a safe working environment that does not pose risks to the health of their employees.
Additionally, the Employment Equity Act prohibits unfair discrimination on the basis of illness.
Employees cannot be fired just because they are sick.
Before termination for medical reasons can be considered, an employer must demonstrate that the illness truly prevents the employee from performing his or her job and that all reasonable accommodation options have been exhausted.
Dr George added: “Early disclosure is almost always in the employee's interest.
“It protects your rights, activates the support structures to which you are entitled, and gives you the best chance of a positive outcome, such as returning to work, transitioning to light duty, or accessing disability benefits.”
What should an employer do if an employee falls ill?
Many managers are not equipped to deal with employees who are clearly unwell, repeatedly absent, or whose condition worsens over time.
Your instinct may be to try to manage the situation through performance or discipline.
This is often the wrong approach and can expose employers to significant legal and reputational risks.
Workforce Healthcare recommends that organizations develop incapacity and illness management policies that address:
How and when to refer employees to an occupational physician (OMP). OMPs are professionals required by law to evaluate suitability for work, recommend reasonable accommodations, and communicate confidentially between employees, their physicians, and employers. When to activate employee assistance programs and wellness resources. A 24-hour confidential helpline can be a lifeline for employees who are struggling but are too scared to raise concerns formally. How to manage the transition from short-term sick leave to long-term illness or incapacity, including when and how to receive disability benefits through your insurance company. Delays in this process are costly for both employees and employers. How to deal with sensitive communications between treating professionals, OMPs and employers, particularly when treating physicians recommend suitability for work without fully understanding the nature of the employee's work.
“The sooner we bring in the right expertise, the better for everyone,” says Dr. George.
“We regularly work with employers who have been sitting in a difficult situation for months, with no one knowing what to do.
“By the time we get the call, the employee has used up all of their vacation time, their insurance company has not been notified, and their path to health and return to work is unnecessarily complicated.”
dealing with fear
A persistent barrier to effective disease management is fear.
Employees withhold information from their employers, and their physicians withhold clinical information from company medical professionals, which helps no one.
Fear is often based on a misunderstanding of how the system works.
OMP operates within a strict framework of confidentiality.
Rather than a clinical diagnosis, the OMP shares with employers an assessment of the employee's fitness for work, including whether the employee is able to perform the job, whether any adjustments are needed, and the expected timetable for recovery.
An employee's underlying diagnosis will continue to be protected.
Employers who create a culture where employees feel comfortable raising health concerns, respond appropriately, and have systems in place to protect not only their employees but themselves.
Failure to comply with this obligation may have serious legal, financial, and reputational consequences.
Disputes may be referred to the Commission for Conciliation, Conciliation and Arbitration (CCMA) or the Department of Employment and Labor.
Workforce Healthcare urges all employers, regardless of size or sector, to review their current policies, ensure management understands their obligations, and have appropriate support structures in place.
Professional guidance is available to employees who believe their rights have been violated.
