What is a dismissal for Incapacity?

It is a dismissal based on the employee’s incapacity to peform his/her contractual duties.

Incapacity may be because of:

  • Poor Performance OR
  • Ill health / Injury
Poor Performance
  • During Probation
  • After Probation
Ill health / Injury
  • Temporary
  • Permanent

The 5 steps PRIOR TO dismissal for incapacity: Ill health / injury

The 5 steps PRIOR TO dismissal for incapacity: Ill health / injury

NB: Particular consideration should be given to employees who are injured at work or who are incapacitated by work-related illness. The courts have indicated that the duty on the employer to accommodate the incapacity of the employee is more onerous in these circumstances.

Factors that MUST be considered prior to dismissal for incapacity: Ill health / injury

whether or not the employee is capable of performing the work; and
if the employee is not capable:
the extent to which the employee is able to perform the work
the extent to which the employee's work circumstances might be adapted to accommodate disability, or, where this is not possible, the extent to which the employee's duties might be adapted; and
the availability of any suitable alternative work.

The 4 steps of poor performance management

The 4 steps of poor performance management

Poor performance during probation

In addition to the steps above:-

The period of probation should be determined in advance and be of reasonable duration;
During the probationary period, the employee’s performance should be assessed by way of evaluation, instruction, training, guidance and/or counselling;
The employer should advise the employee of any aspects in which the employer considers the employee to be failing to meet the required performance standards.

How can we help Employers?

  • Facilitation of the process on behalf of the employer
  • Best practice templates for ensuring the process is strictly adhered to
  • Investigations during the process
  • Rigorous recruitment processes
  • Facilitating disciplinary processes (including chairing of disciplinary hearings)
  • Best practice employment agreements
  • Best practice policies and procedures

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010 140 6251

The information shared on this article/blog/vlog should be read and understood within the current legal framework of South Africa. It is meant purely for educational discussion and does not amount to legal advice. For specific legal advice, please consult a legal practitioner prior to application.

Posted in Disciplinary Processes.