incapacity

The challenges in dismissing an employee for incapacity due to ill-health or injury

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 [...]

2022-01-11T13:48:57+02:00January 11th, 2022|General|Comments Off on The challenges in dismissing an employee for incapacity due to ill-health or injury

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 [...]

2020-09-28T15:11:58+02:00September 28th, 2020|Contracts, General|Comments Off on Should Employers embark on incapacity enquiries for poor work performance amidst the Covid-19 pandemic?

The odd one out…incompatibility as a form as incapacity

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: - [...]

2020-09-14T17:34:54+02:00September 14th, 2020|General|Comments Off on The odd one out…incompatibility as a form as incapacity

Incompatibility as a form of Incapacity

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 [...]

2017-10-11T11:24:17+02:00January 20th, 2016|Labour Relations Act|Comments Off on Incompatibility as a form of Incapacity
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