Labour Court disallows Marks and Spencer Ltd appeal over verbal warning

The Labour Court disallowed Marks and Spencer Ltd’s appeal and upheld a recommendation to remove a verbal warning issued to a worker after certified sick leave that included a hospital stay. The decision was signed on 1 September 2010. Marks and Spencer Ltd argued that the worker had a record of excessive sick absences and that disciplinary procedures should apply. Mandate said a warning was inappropriate because the absence was certified and the worker was in hospital. The Court found that issuing a sanction for the absence was inappropriate and concurred with the recommendation to rescind and remove the warning from the worker’s record.