09/03/2023
YOUR EMPLOYEES/EMPLOYERS AND YOU…
DID YOU KNOW?
There are several important factors that must be taken into account when determining whether a dismissal for ILL HEALTH OR INJURY is fair or unfair.
The Code of Good Practice states that any person determining whether a dismissal arising from ill health or injury is unfair should consider-
(a) whether or not the employee is capable of performing the work; and
(b) if the employee is not capable-
(i) the extent to which the employee is able to perform the work;
(ii) 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
(iii) the availability of any suitable alternative work.
NB:
1. The above factors are CONJUNCTIVE, meaning that technically, an EMPLOYER needs to be able to prove ALL THREE ELEMENTS, being:
a. That the employee is incapable of performing the work,
AND
b. That neither the employee’s work circumstances nor duties could be adapted,
AND
c. That there is no availability of any suitable alternative work.
2. The above section is applicable to any person who needs to determine the fairness of the dismissal, including a commissioner at the CCMA.
3. It is therefore recommended that employers, with the guidance and assistance of experts like ourselves, conduct this analysis PRIOR to dismissing an employee for reasons arising from ill health or injury, or that employees who believe they have been unfairly dismissed, contact us for assistance.
For more free weekly posts regarding your employment relationships, like and follow us on the links below, and please share with your friends:
Facebook:
https://www.facebook.com/profile.php?id=100089223594005
Instagram:
https://www.instagram.com/ere_labour_ct/
Linked In:
https://www.linkedin.com/in/employment-relations-experts-ere-341742262/
You can also contact us directly at:
Phone: 076 3944 909
Email: [email protected]
Website: www.erexpertslabour.com
