incapacity

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This article was written by Benazir Cassim, a candidate attorney at Norton Rose Fulbright South Africa

Section 23 of the Basic Conditions of Employment Act (BCEA) addresses the proof required by an employer when an employee stays away from work due to incapacity arising from illness or injury.  The employer may ask the employee…

This article was written by Jonathan Jones, an associate at Norton Rose Fulbright South Africa

In South African employment law, there are only three fair reasons for a dismissal:

  • the employee’s misconduct;
  • the employee’s incapacity; or
  • the employer’s operational requirements (retrenchments).

A dismissal for operational requirements is viewed as a “no-fault dismissal” as it can…