Page 22 - DRG HR HANDBOOK- Nikita Pillay

INCAPACITY:

MEDICAL

BOARDING DUE

TO ILL-HEALTH

ncapacity in labour law is the non-blameworthy ƒ Provide the employee with the necessary assistance
breach of performance standards. This means that to perform his/her duties
I the employee is unable to cope with the work due to ƒ If possible, accommodate the employee in a suitable
ill-health, a lack of performance in terms of intentional position – an employee’s status and remuneration
or negligent under-performance, or incapacity due to may alter (alternative employment).
operational reasons.
ƒ Must be fair reason and procedure followed
for dismissal
INCAPACITY – MEDICAL BOARDING DUE
TO ILL-HEALTH If after investigation and assessment, as set out above,
the employee is still unable to carry out his / her work
Medical boarding is the inability of an employee to work
obligations and an alternative position is not feasible, the
according to the requirements of his/her job as a result
employer may give reasonable notice to the employee
of ill-health or injury. This is also known as ‘no fault
and have him/her medically boarded.
dismissals’ as the employee is not to blame for such a
dismissal. An employer may only follow the dismissal route as a
last resort once all reasonable alternatives have been
When employees are no longer able to carry out their
considered and proven to be unsuccessful.
employment obligations due to the above, and alternative
work arrangements are not feasible, they may be eligible An employer must ensure that there is a fair reason for
for medical boarding. the dismissal and that a fair procedure has been followed
in implementing the dismissal, otherwise the dismissal
An employer intending to dismiss an employee due to
may result in being substantially unfair.
incapacity must do so in accordance with Item 10 and
11 of Schedule 8 to the Labour Relations Act, No 66 of 1) INCAPACITY HEARING – ILL-HEALTH
1995 (LRA), failing which, the fairness of such dismissal
The above means that before the employer takes the
falls to be challenged.
decision to dismiss an employee due to incapacity,
EMPLOYER DUTIES PRIOR TO DISMISSAL such employer must undertake an incapacity enquiry
aimed at assessing whether the employee is capable of
Employers must:
performing their duties, be it in the position they occupied
ƒ Investigate the extent and cause of injury / incapacity /
before the enquiry or in any suitable alternative position.
illness (nature and cause)
A conclusion as to the employee’s capability or otherwise
ƒ Establish the length of the employee’s absence
can only be reached once a proper assessment of the
from work – it is inappropriate to dismiss
employee’s condition has been made.
an employee that is only temporarily
incapacitated (likelihood of recovery / In considering whether or not to dismiss an employee due
22 seriousness of injury/illness) to ill-health, the employer must take note that a thorough