incapacity · employment

Incapacity

Employment - South Africa (LRA Schedule 8: Incapacity - Poor Work Performance)

Definition

Inability of an employee to meet the required performance standard, distinct from ill health, which may justify dismissal if fair procedure (setting standards, training, guidance, evaluation, warning) has been followed.

Prerequisite chain

Condition. A performance shortfall exists
Functional status. The employer's reasonably required standard isn't met
Applied test. Assessed against actual performance AFTER guidance, training, and a fair chance to improve

Assessment basis (treatment / aids) — Assessed against the employee's actual performance after the employer has provided reasonable guidance, training, counselling, and a fair opportunity to improve — not against an unassisted baseline.

Qualifiers

Severity. Degree of shortfall against the set performance standard
Duration. Sustained under-performance despite intervention, not a single lapse
Scope. Specific job requirements/KPIs the employee is failing to meet
Other. Requires proof the standard was reasonable, known to the employee, and consistently applied

Impact

Affects the employee's ability to meet the employer's reasonably required performance standards.

Example

An underperforming sales employee is placed on a formal Performance Improvement Plan with clear targets and coaching before any dismissal for incapacity is considered.

Source: Labour Relations Act 66 of 1995 (South Africa), Schedule 8, Code of Good Practice: Dismissal, item 9

Language map: disability · Incapacity · Mitigated-state trap