In court practice, an employee's incapacity to perform work is considered a valid and sufficient ground for dismissal. However, before terminating an employment contract for incapacity, the employee's medical condition must be assessed by a doctor and the incapacity must be clearly stated in a medical certificate.

What is incapacity in the workplace?

Incapacity is the inherent inability of an employee to perform work to the employer's established standards of quality and quantity due to ill health or injury, which can be temporary or permanent.

What are the types of incapacity?

Further to incompatibility there are two other types of incapacity besides ill health and poor work performance. They are Unsuitability and General Incapacity which will be discussed in the near future.