The workplace is an environment plagued by a plethora of conflicts, misunderstandings, disagreements, bullying, etc. From such an environment arises claims and complaints of incapacity, misconduct, and negligence. But what do these terms actually mean? And how do you defend yourself when faced with a disciplinary hearing?
Definition of incapacity:
Incapacity is defined as the fundamental lack of ability of an employee to carryout his/her work as per the agreed-upon contract with the employer as a consequence of illness or injury. It is of paramount significance to note that an employer is legally prohibited from firing an employee who is incapable as a result of the above-mentioned without adhering to the prescribed procedure. The Labour Relations Act states that the dismissal must both be substantively and procedurally fair.
The procedure to be adhered to:
Inform: An employer is legally obligated to provide an employee with a written notice to attend a consultation to agitate the employee’s undesirable work performance. The Law stipulates that you should be given a minimum of 48 hours notice, this excludes weekends and public holidays.
Consultation: During the consultation, the employee is legally protected and provisioned to explain their side of the story in terms of their work performance. Please be informed that an employee possesses the right to be assisted by a trade union representative or a fellow colleague, during the proceedings of the consultation.
Manzankosi Corporate Legal Consultancy is ready to assist you: It is crucial to be conscious of the fact that as an employee you are protected by the Labour Relations Act against unfair dismissal. Our team of Legal Practitioners is available to assist you in ensuring that your rights as an employee are protected and preserved.
Contact us:
067 147 2323
081 712 1114
info@manzankosiclc.co.za
