The burden of proof for giving notice on the 1st day of absence and the submission of the medical certificate falls upon the employee.
It is therefore incumbent upon the employee to prove that the employer had notice of his sickness at the time of notification of dismissal.
Delivery of a medical certificate into a letterbox does not prove actual receipt of the certificate by the employer: the term “submit to the employer” means that the employer is actually put into possession of the medical certificate.
However, in a past case, the Court took the view that the deposit of a medical certificate in the letterbox of the company – a deposit which was witnessed – validly served as submission of the certificate to the employer.