Incapacity - Poor Performance & Ill-Health or Injury Webinar
R550.00
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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.
Module 1 – Introduction to Incapacity in Labour Law
Definition of incapacity vs misconduct.
The role of the LRA and Code of Good Practice: Dismissal.
Distinguishing poor performance from ill-health/injury.
Why incapacity procedures matter for employers and employees.
Module 2 – Legal Framework for Incapacity Cases
LRA provisions.
Schedule 8 (Code of Good Practice).
BCEA relevance (sick leave, working hours).
Employment Equity Act (disability and reasonable accommodation).
Module 3 – Distinguishing Misconduct from Poor Performance
Key differences.
Progressive discipline vs incapacity process.
Case law where employers confused misconduct with incapacity.
Module 4 – Identifying and Managing Poor Performance
Performance standards.
Setting KPIs and targets.
Early identification and intervention.
Informal counselling before formal process.
Module 5 – The Poor Performance Incapacity Process
Step-by-step procedure.
Performance reviews, counselling, training.
Timeframes for improvement.
Hearings and possible outcomes.
Module 6 – Ill-Health and Injury Incapacity
Temporary vs permanent incapacity.
Short-term vs long-term illness.
Workplace injuries and employer obligations.
Role of medical evidence.
Module 7 – Reasonable Accommodation & Alternative Work
Duty to accommodate employees with disabilities.
Modifying duties, hours, or workplace environment.
Case law on accommodation vs undue hardship.
Module 8 – Substantive & Procedural Fairness in Incapacity Dismissals
