Operational incapacity Archives

Incompatibility vs Misconduct: Reference table

by GilesFiles | Oct 1, 2025 | AG - Legal research, AU - ChatGPT, Insights | 0 |

Quick-reference table: Incompatibility vs Misconduct Incompatibility vs Misconduct – Quick Reference Aspect Incompatibility (Incapacity) Misconduct Nature Incapacity issue – employee unable to maintain harmonious workplace...

Incapacity and ill-health: Absence of alternatives

by GilesFiles | Jul 18, 2024 | 2020 onwards, Absenteeism, Awards -s145 see also Sidumo, Causes and defences, Condonation, Conduct & capacity, Courts, Declaratory, Evidence & onus, Government, Illness & injury, Inherent requirements, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Metro, Orders, Parties, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Terminating employment contracts: ILO Convention 158 & Experts Committee

by GilesFiles | Jan 3, 2024 | AA - Resources generally, AH - Labour Legislation & Rules, AL - ILO, Causes and defences, Conduct & capacity, ILO Convention 111/1958, ILO Convention 158/1982, ILO Conventions, ILO reports, ILO’s supervisory bodies, Insights, Labour Relations, LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, LRA Sch 8: GP Code, Management, Operational reasons, Performance, Policies - all, Protect not punish, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Warnings, Work Science Institute | 0 |

Note on Convention No. 158 and Recommendation No. 166 concerning termination of employment Contents Preface. 1 Part I. Content of Convention No. 158 and Recommendation No. 166. 1 Definitions and concepts. 1 Termination. 1...

Performance standards considered: Incapacity related

by GilesFiles | Mar 16, 2023 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Costs, Courts, Declaratory, Fair procedure, Insights, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Logistics, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, LRA C: 133-150 CCMA, Operational reasons, Orders, Parties, Performance, Review tests, RGO Lagrange, Risks, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Conflicting medical certificates: Capacity related dismissal

by GilesFiles | Jun 27, 2019 | 2019, Conduct & capacity, Courts, Illness & injury, Judges, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Parties, Private enterprises, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 0 |

Parexel International (Pty) Ltd v Chakane NO Conflicting medical certificates provided by different medical practitioners and the absence of any indication of when the employee would return to work meant that after 9 months...

Tag: Operational incapacity

Incompatibility vs Misconduct: Reference table

Incapacity and ill-health: Absence of alternatives

Terminating employment contracts: ILO Convention 158 & Experts Committee

Performance standards considered: Incapacity related

Conflicting medical certificates: Capacity related dismissal