Page 24 - DRG HR HANDBOOK- Nikita Pillay

INCAPACITY: MEDICAL BOARDING

DUE TO ILL-HEALTH (CONT.)

The more urgent the need by the business to respond If an employee either accepted or unreasonably refused
to the factors giving rise to any contemplated to accept an offer of alternative employment, the
termination of employment, the more shortened the employees statutory right to severance pay is forfeited.
consultation process might be. Urgency may not, Reasonableness is determined by a consideration of the
however, be induced by the failure to commence the reasonableness of the offer of alternative employment
consultation process as soon as a reduction of the and the reasonableness of the employee’s refusal. In the
workforce was likely. On the other hand, the parties first case, objective factors such as remuneration, status
who are entitled to be consulted must meet, as soon and job security are relevant. In the second case, the
and as frequently as may be practicable during the employee’s personal circumstances play a greater role.
consultation process.
UIF – DEPARTMENT OF LABOUR
Selection criteria that are generally accepted to be
fair include length of service, skills and qualifications. Employees can apply for benefits at their nearest
Generally, the test for fair and objective criteria will be Department of Labour if they are an employed
satisfied using the “last in first out” (LIFO) principle. contributor to the Unemployment Insurance Fund (UIF)
There may be instances where the LIFO principle or and have been terminated based on Incapacity for any
other criteria needs to be adapted. of these reasons.

24