Incapacity Investigations For Those Who No Longer Work According to Their Requirements
Most companies would love to get rid of a non-performer, but for a dismissal to be fair, you have to have a good enough reason to rid your company of a loafer. But what about employees who can’t do their work because they have been injured or have developed a medical condition? Incapacity investigations are quite different to non perfomance investigations because there is no fault with the employee and steps have to be taken to actually assist them to remain in their job.
It is important that all employees know what their rights are in respect of medical incapacity. Any absence can be costly to a company, but facing litigation because you didn’t comply to legal issues can be worse.
Investigate the Extent of the Incapacity
Sometimes dismissal of an incapacitated person is necessary but not before all other avenues have been explored and only after first determining whether the incapacity is temporary or permanent. If the condition is short lived then a replacement could solve the problem but if it is more serious you will have to consider arange of alternative measures prior to dismissal. Dissmissing an employee for incapacity due to ill health or injury could land you up at the CCMA. You don’t want to put your company through this so it is far better to stay updated with the constantly changing labour legislation.
Occupational Health and Safety
The Occupational Health and Safety Act protects employees by providing a safe and healthy work environment and covers all workers. The company has to take whatever steps it can to eliminate any hazard in the workplace and to ensure that the requirements of the Act are complied with. The employer also needs to ensure that certain work is done under the general supervision of a trained person. The employee in turn has to cooperate with the employer regarding the provision pof the Act and report any situation that is unsafe or unhealthy.
If the worker is going to be incapacitated for a long time a number of factors will need to be considered. Some of these are like understanding the nature of the job and can somone else easily act as a substitute. Cognisance needs to be taken as to whether the disability is work related or not because more responsibility lies on the employer to accommodate the employee in the workplace if incapacity is a result of a workplace incident.
Still capable of Performing Some Duties?
Where the investigation reveals that the incapacity is permanent; you may be required to investigate the possibility of alternative employment or adapting the employees work to suit their working with one arm or less fingers for example. There is also the possibility of medical boarding and medical benefits.As employees we are expected to know and obey all of the company’s laws and policies, but what happens when employers don’t know the law? What happens when they dismiss you when you have done nothing wrong? Ignorance of the law is no excuse. Thankfully there are companies that specialise in occupational health and safety- as well as employment law. They act for a variety of different clients in incapacity investigations and all employment related matters.
Related Articles
Compiling An Effective Business Plan
Understanding The Difference Between Trademark And Copyright
What To Look For In A Trademark Attorney