Incapacity, poor performance and ill health

Module 1 : DL11 - Incapacity, poor performance and ill health

Incapacity dismissals are known as “no fault” dismissals because the dismissal generally arises from circumstances for which the employee is not to blame. Incapacity is distinguished from misconduct in that the latter is normally the “fault” of the employee.

This three hour workshop provides a unique insight into the legal requirements of dismissal for Incapacity poor performance and ILL Health in terms of the Code of Good Practise: Dismissal.

Module 1, Session 1 : Overview

• Schedule 8 – The code of good practice: Dismissal

Incapacity: Poor Work Performance

• Distinguishing between misconduct and incapacity
• Substantial fairness
• Procedural fairness
• Counselling
• Poor work performance meeting
• Record keeping
• Alternatives before dismissing

Probation

• Purpose
• Assessment
• Procedure

Module 1, Session 2 :

Incapacity: Poor Work Performance

• Substantial fairness
• Procedural fairness
• Temporary incapacity
• Permanent incapacity
• Counselling
• Disabled Employees
• Substance and Alcohol Abuse
• Medical certificates

Module 1, Session 3 : General

• Incompatibility
• Incarcerated employees