Incapacity dismissal
A dismissal route considered when an employee is allegedly unable to perform work because of ill health, injury, poor performance, or another incapacity-related reason.
Definition
Incapacity dismissal is usually fact-heavy and process-sensitive. The practical review should check medical or performance records, counselling, warnings where relevant, accommodation options, alternatives to dismissal, consultation notes, job requirements, disability considerations, disciplinary records, and the dismissal notice. Ill-health incapacity and poor-performance incapacity should not be treated as the same file without checking the facts.
Key takeaways
A dismissal route considered when an employee is allegedly unable to perform work because of ill health, injury, poor performance, or another incapacity-related reason.
Labour Law
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Related legal problems
This glossary provides general information only and does not constitute legal advice.
Common situations
Incapacity dismissal
Poor performance dismissal
Ill-health dismissal
Related resources
Resources and guides
CCMA Checklist
Preparation checklist for CCMA referral, conciliation, and arbitration steps.
Labour LawPreparation PackDismissal Evidence Pack
Evidence planning pack for dismissal disputes and workplace disciplinary records.
Labour LawChecklistDisciplinary Hearing Checklist
Checklist for preparing notices, evidence, witnesses, timelines, and questions before a disciplinary hearing.
Labour LawFAQs
Incapacity dismissal FAQs
What does Incapacity dismissal mean?
A dismissal route considered when an employee is allegedly unable to perform work because of ill health, injury, poor performance, or another incapacity-related reason.
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