Employers are often faced with employees who are unable to perform their duties in terms of their contract of employment due to ill-health or injury. When an employee is absent from work for prolonged periods, this may have a negative financial and operational burden on the company. The challenge which many employers face is that [...]
In the recent judgement of Palanga v The Petroleum Oil and Gas Corporation of South Africa (2021) ZALCCT 48, the applicant referred a matter to the Labour Court for review as he claimed that his dismissal was substantively unfair. The Labour Court had to determine whether the respondent was bound to investigate the alleged incapacity of [...]
Should Employers embark on incapacity enquiries for poor work performance amidst the Covid-19 pandemic?
The Covid-19 pandemic is a “force majeure”. Dictionary.com describes “force majeure” as unforeseeable circumstances that prevent someone from fulfilling a contract. Generally, employment contracts do not contain clauses that regulate circumstances should such a rare occurrence happen. In the event that such an occurrence presents itself, employer and employee usually revert to the common [...]
During the last few years, there has been an increased focus on interpersonal relationships in the workplace. Ever so often, employers may be confronted with a situation where one employee may not be compatible with the workplace dynamic and in extreme cases may disrupt workplace harmony. The questions many employers are confronted with are: - [...]
Although incompatibility is not specifically addressed in Schedule 8 of the LRA, Case Law indicates that incompatibility should be treated as a species of incapacity and is regarded as a valid ground for dismissal. Employers frequently wish to get rid of undesirable employees who do not fit into the culture of the workplace or [...]