Retrenchment Assist
Are you a victim of unfair retrenchment? Do you wish to fight the retrenchment and claim for compensation? We offer you comprehensive solutions for all retrenchment related issues.


Home Unfair Dismissal Incapacity / Injury Related

Incapacity arising from ill health or injury

Dismissal for incapacity must be both procedurally and substantively fair and disputes about the fairness of the dismissal must be referred to the CCMA or relevant Bargaining Council within 30 days of the date of dismissal.

Before dismissing any employee for incapacity the employer must investigate whether the employee’s work circumstances or duties can be adapted to accommodate his incapacity.

The first step will be to determine whether the incapacity is temporarily of permanent. If temporary the employer must look at the extent of the incapacity, the length of period of absence and investigate all possible alternatives short of dismissal.

If the time of absence is unreasonably long it might be treated as permanent incapacity in which case the employer must look at either securing alternative employment or adapting the duties of the employee to accommodate the disability.

Very important is that dismissal for incapacity can’t be fair unless the employee has been afforded the opportunity to state his case- the requirements of a fair hearing will apply mutatis mutandis.

Dismissals for incapacity are guided by Schedule 8 Code of Good Practice: Dismissals issued in terms of the LRA.

You could be entitled to up to 12 months compensation or reinstatement should the CCMA or relevant bargaining council find that you dismissal for incapacity  was unfair.  Contact us today to assist you.

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Please send an email to with a brief account of your case as well as your contact numbers and we will contact you promptly, or sms "UNFAIR" to 33045.

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