Incapacity in labour law is the non-blameworthy breach of a workplace/performance standard, i.e. the employee is unable to comply / the lack of performance is not due to his/her fault.
The existence or otherwise of capability and fault / blameworthiness for the lack of performance on the part of the employee determines whether one is dealing with misconduct or incapacity. This distinction is important to determine which procedure should be followed in the given situation in terms of the Labour Relations Act, i.e. Discipline (misconduct) or Counselling (incapacity).
The following documents outline pro forma policies for dealing with incapacity due to poor performance or ill-health. ISASA member schools are not required to make use of these policies; they are provided by way of example. As Pro Forma (standardised draft) documents, these policies should also be appropriately and properly customised by the user to suit their requirements.
This website uses technologies like cookies to store device information. Consenting to these technologies will allow us to process data such as browsing behavior or user preferences. Not consenting may adversely affect certain features of the site.
Necessary to enable a service explicitly requested by the user, or for the purpose of transmitting communications over an electronic network.
The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
Used exclusively for statistical purposes.The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
Tracks user activity for marketing purposes. Marketing cookies may be necessary to enable third-party content that depends on this information, such as embedded videos and some social media links.