Incapacity/Temporary or Permanent

Incapacity can easily result in a dismissal in the workplace. We need to differentiate temporary and permanent incapacity and remember that substantive and procedural fairness are important in determining the fairness of the dismissal.
If you need any information regarding this or have any labour law enquiries, send me an email or comment below and I will respond timely.
Nonkululeko Mbele
[e-mail]

[@labourmatterswithnkulimbel5999]

Good day Bernitta
Firstly, during a hearing the employee has the right to be assisted by their trade union representative or a fellow colleague if they are not part of a trade union when responding.
You can have a look at this video where I explain the procedure of the consultation process here ruclips.net/video/cE0MSmsxqps/видео.html
Secondly, poor performance is also included under incapacity in the workplace.

[@ZukisaniPhukwana]

Hello Sisi how long is temporary in capacity and can you claim your provident fund while waiting?

[@giwusapretoria2116]

Is it possible to dismiss an employee for Incapacity without appearing in the DC

[@thatomosehle4816]

Hey Rich Aunty. Thank you so much for the valuable information.
With regards to the medical field, we always have to work our overtime even if we are incapacitated like in the case of having Covid-19, which we probably get from work. So we are the ones who have to make sure that our 80+ overtime hours are sorted. Either in the form of paying someone or squeezing in your overtime when you recover. Please note that the overtime I’m talking about is compulsory overtime that junior doctors have to work for learning purposes as well. Is this right or is this the case because we don’t know?
Our normal working hours are not a problem as our fellow colleagues just distribute the weight of the work amongst themselves.

[@labourmatterswithnkulimbel5999]

Good day Thato. Firstly let me thank you for your service to the public, I know that it has not been easy for you but you are highly appreciated. Secondly, let me thank you for taking your time to go through this content, this platform is created exactly for this reason. Thirdly, the South African health systems is divided into two, namely the private and public sector. Employees who are employed in the private sector are not covered by the PSCBC or PHWSBC and consequently they will not be protected by any collective agreements made by these bargaining councils. However, the private sector employees can still use labour legislation to enforce their rights.
According to the WHO interim guidance of 2020, employers and managers in health should
• Maintain appropriate working hours with breaks;
• Allow employees to exercise the right to remove themselves from any work situation that they believe presents an imminent danger to their health and protect them for exercising this right from any undue consequences;
• Honour the right to compensation, rehabilitation, and curative services for employees infected with COVID-19 following exposure in the workplace (COIDA);
• Enable cooperation between management and employees and their representatives.
Unfortunately, it seems like the labour laws are being ignored in this regard and little consideration is made in respect of the health and safety legislation. We know that our healthcare system is under enormous pressure but we still need to apply our laws.

[@passionwithMsbee]

Hi rich aunty,2 question -
is it advisable to have legal representation in these types of hearing or is it up to the employer whether or not one is allowed to have legal representation during such precedings?
Is incapacitation only applicable when ill or injured only ?

[@asandambambo3979]

What monetary help is the employer obligated to give you due to incapacity..... Are they suppose to pay you for a number of months

[@isaacmokobocho8929]

What if you are dismiised and your colleague with the same disease is not dismissed he's boarded, medically boarded .second thing is that you go to dept of labour for your uif.they tell you they can't help you because according their records you are ill not dismissed while on the other hand you have dismissal letter from employer in this situation what to do.lastly the final report is not yet out from the treating doctor.thank you

[@isaacmokobocho8929]

Since I asked you a question is almost two months you haven't responded