TERMINATION OF EMPLOYMENT
ON ILL HEATH / INJURY
Every employee has the right not to be unfairly dismissed as stated in the labour law. Once the existence of the dismissal is established, the employer must prove that the reason for the dismissal is a fair reason and effected in accordance with a fair procedure and the law. If there is a dispute about the fairness of a dismissal, the aggrieved employee has 30 days to refer the matter to the CCMA or the appropriate Bargaining Council.
Ill health or injury
(1) Incapacity on the grounds of
ill health or injury may be temporary or permanent. If an
employee is temporarily unable to work in these circumstances,
the employer should investigate the extent of the incapacity or
the injury. If the employee is likely to be absent for a time
that is unreasonably long in the circumstances, the employer
should investigate all the possible alternatives short of
dismissal. When alternatives are considered, relevant factors
might include the nature of the job, the period of absence, the
seriousness of the illness or injury and the possibility of
securing a temporary replacement for the ill or injured
employee. In cases of permanent incapacity, the employer should
ascertain the possibility of securing alternative employment, or
adapting the duties or work circumstances of the employee to
accommodate the employee's disability.
(2) In the process of the
investigation referred to in subsection (1) the employee should
be allowed the opportunity to state a case in response and to be
assisted by a trade union representative or fellow employee.
(3) The degree of incapacity is
relevant to the fairness of any dismissal. The cause of the
incapacity may also be relevant. In the case of certain kinds of
incapacity, for example alcoholism or drug abuse, counselling
and rehabilitation may be appropriate steps for an employer to
(4) Particular consideration should
be given to employees who are injured at work or who are
incapacitated by work-related illness. The courts and law have
indicated that the duty on the employer to accommodate the
incapacity of the employee is more onerous in these
Disputes over a dismissal based on ill health or injury must be referred
immediately to the CCMA/ Bargaining Council as the labour law provides.
Should you need assistance, call Labour Protect on
and you will be automatically routed to the nearest labour expert on the
Disputes over a dismissal based on ill health or injury must be referred immediately to the CCMA/ Bargaining Council as the labour law provides. Should you need assistance, call Labour Protect on 0860 522687 and you will be automatically routed to the nearest labour expert on the network...
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