Incapacity

Definition

Inability of an employee to perform their duties due to ill health or injury, which may (if the incapacity is permanent and no reasonable accommodation is possible) constitute a fair reason for dismissal.

Prerequisite chain

1. Condition. Ill health or injury exists
2. Functional status. Duties under the employment contract can't be rendered
3. Applied test. Assessed only after the employer has investigated the extent and explored accommodation/alternatives

Qualifiers

• Severity. Temporary vs. permanent incapacity is the central substantive question
• Duration. Nature and extent, and whether it is likely to continue or recur
• Scope. Extent to which the employee is able to perform the work; possibility of alternative or adapted work
• Other. Distinct from misconduct - dismissal is a "no-fault" incapacity process, not a disciplinary one

Impact

Affects the employee's ability to render the services required under the employment contract.

Example

An employee who develops a chronic illness is moved to a lighter-duty role and given extended leave; dismissal is only considered fair once accommodation options are genuinely exhausted and the incapacity is shown to be permanent.