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Employment Equity Act, 1998 (Act No. 55 of 1998)

Code of Good Practice

Employment of Persons with Disabilities

12. Termination of employment


12.1 If the employer is unable to retain the employee in employment in terms of paragraph 11 above, then the employer may terminate the employment relationship.


12.2 When employees who have disabilities are dismissed for operational requirements, the employer must ensure that any selection criteria used do not either directly or indirectly unfairly discriminate against persons with disabilities.


12.3 Employers who provide disability benefits must ensure that employees are appropriately advised before they apply for the benefits available and before resigning from employment because of a medical condition.