910 Dismissals on the ground of illness or injury

R150.00

This article discusses ill health or injury as a ground for a fair dismissal.

The article sets out the applicable sections of the Code of Good Practice: Dismissals, explains the link between procedural and substantive issues peculiar to this form of dismissal. The article provides a summary of a suggested approach to these issues, and then unpacks the key aspects with reference to case law and best practice. The article concludes by providing a guideline for chairpersons and arbitrators when assessing these disputes.

Description

910 Dismissals on the ground of ill health or injury

Table of Contents

  1. Introduction
  2. The Code of Good Practice: Dismissals
  3. Procedural and substantive fairness
  4. Summary of issues to be canvassed by the employer
  5. Notice
  6. The nature of the investigation and process explained
  7. Elements of a fair dismissal
  8. The employer is obliged to ascertain the capability of the employee to perform the work for which he was employed.
  9. The extent to which the employee can perform the work for which the employee was employed
  10. The employer’s duty to make reasonable accommodation
  11. Towards an appropriate sanction
  12. Conclusion

 

 

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