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Labour Relations Act, 1995 (Act No. 66 of 1995)

Schedules

Schedule 8 : Code of Good Practice: Dismissal

11. Guidelines in cases of dismissal arising from ill health or injury

 

Any person determining whether a dismissal arising from ill health or injury is unfair should consider—

(a) whether or not the employee is capable of performing the work; and
(b) if the employee is not capable—
(i) the extent to which the employee is able to perform the work;
(ii) the extent to which the employee's work circumstances might be adapted to accommodate disability, or, where this is not possible, the extent to which the employee's duties might be adapted; and
(iii) the availability of any suitable alternative work.