Incapacity - Poor Performance & Ill-Health or Injury Self-Study Course

Workplace discipline and incapacity are two of the most important yet often misunderstood areas of South African labour law. While misconduct relates to fault-based behaviour (where an employee chooses to break a rule), incapacity deals with situations where the employee cannot perform their duties adequately, despite willingness to do so.

TOPICS DISCUSSED:

• Introduction to Incapacity in Labour Law
• Legal Framework for Incapacity Cases
• Distinguishing Misconduct from Poor Performance
• Identifying and Managing Poor Performance
• The Poor Performance Incapacity Process
• Ill-Health and Injury Incapacity
• Reasonable Accommodation & Alternative Work
• Substantive & Procedural Fairness in Incapacity Dismissals
• Remedies and Risks in Incapacity Disputes
• Best Practices in Incapacity Management