26/10/2026
📢 Are your ill-health incapacity processes legally compliant?
Many employers understand the importance of following a fair process when dealing with ill-health incapacity. However, a recent judgment by the Labour Court in Solidarity v Cape Peninsula University of Technology and Others highlights that following a process is only part of the equation. Employers must also meaningfully explore all reasonable alternatives to dismissal.
A key lesson from the case is the critical importance of:
âś… Distinguishing between misconduct, poor performance, and ill-health incapacity processes
âś… Meaningfully investigating reasonable accommodation measures
âś… Considering alternative positions or adapted duties
âś… Exploring disability benefits and medical boarding where available
âś… Documenting every step taken before terminating employment
The Court emphasised that medical boarding can constitute an "obvious reasonable alternative" to dismissal and must be properly investigated where such benefits exist. Failure to do so may result in a dismissal being found both procedurally and substantively unfair.
For HR professionals, business owners, and managers, the message is clear: an incapacity dismissal should always be the last resort, not the starting point.
Our latest newsletter unpacks the judgment and provides practical guidance on how employers can reduce risk while ensuring fairness and compliance.
Read the full newsletter to learn how this decision may impact your organisation. https://www.digiforte.co.za/ill-health-incapacity-and-reasonable-alternatives/