INCAPACITY: means the temporary or permanent impairment on the grounds of ill health or injury. MEDICAL INCAPACITY means the inability to find and retain employment due to a disease and/or an injury that prevents the performance of the customary duties of an employee.

Can you be dismissed for incapacity?

An employer intending to dismiss an employee due to incapacity must do so in accordance with item 10 and 11 of Schedule 8 to the Labour Relations Act, No 66 of 1995 (LRA), failing which, the fairness of such dismissal falls to be challenged. (3) The degree of incapacity is relevant to the fairness of any dismissal.

Can I be dismissed due to ill health?

An employee cannot be made redundant due to ill health, although they can be fairly dismissed on grounds of capability, as long as the employer has acted reasonably in all the circumstances and made any reasonable adjustments within the workplace, wherever possible.

What happens when you get medically boarded?

The employee’s application to be medically boarded must be accompanied with a doctor’s report motivating the reason for his/her permanent incapacity. By following the aforesaid procedure, an employee will not be dismissed and will still enjoy the disability benefits of his/her fund or scheme.

What are the types of incapacity?

Further to incompatibility there are two other types of incapacity besides ill health and poor work performance. They are Unsuitability and General Incapacity which will be discussed in the near future.

How does incapacity leave work?

Incapacity leave is not an unlimited amount of additional sick leave days at an employee’s disposal. Incapacity leave is additional sick leave granted conditionally at the Employer ‘s discretion, as provided for in the Leave Determination and PILIR.

How long is temporary incapacity leave?

Short Period Temporary Incapacity Leave is for temporary incapacity leave lasting between 1 and 29 working days only, while; Long Period Temporary Incapacity Leave is for temporary incapacity leave lasting for 30 working days or longer.

What benefits can I claim if dismissed due to ill health?

Dismissal due to ill health: Benefits Apart from Statutory Sick Pay (SSP) when capability dismissal is due to ill health, other benefits include: Employment and Support Allowance (ESA). Personal Independence Payment (PIP). Universal Credit.

What happens if I can’t work due to ill health?

If you are unable to work due to ill health, you might want to claim Statutory Sick Pay (SSP). You can get SSP for up to 28 weeks if: you’re employed – but unable to work; or.

What can I claim if unable to work due to ill health?

You might be able to claim Statutory Sick Pay (SSP), paid by your employer. If this has run out, or you can’t claim it, you might be able to claim Employment and Support Allowance (ESA), Personal Independence Payment (PIP), Universal Credit, and other benefits.

How does incapacity due to illness or injury work?

Section 10 deals with incapacity due to ill-health or injury and states: (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.

Can you dismiss an employee for incapacity due to illness?

Generally, the Fair Work Act prohibits you from dismissing an employee because of incapacity due to illness or injury. However, there are certain circumstances in which you can dismiss an employee who is ill or injured.

What happens when an employee is incapacitated at work?

If the incapacity is not serious the employee could come to work and perform certain aspects of his/her job, if not nearly all. If that is the case you may be able to delegate the few functions he/she can’t perform to other employees for a few weeks and allow the incapacitated employee to carry on with the rest of his/her functions.

When to investigate incapacity hearing from illness or injury?

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.