Beware of dismissing a disabled worker

An article written by Ivan Israelstam, chief executive of Labour Law Management Consulting and published by Polity points out that Section 187 (1) (f) of the Labour Relations Act prevents employers from terminating employment on the grounds of disability unless it is possible to prove that the employee is unable to work.

In a case heard by the Commission for Conciliation, Mediation and Arbitration (CCMA) (Truter vs Mechem), the employee was hired as a filing clerk but was promoted to logistics manager before a serious motor accident necessitated brain surgery and left her with a speech impediment.

The employer terminated her services while she was in hospital claiming that her contract had expired. However, the arbitrator believed the real reason for the dismissal was the accident that she had endured and awarded her eight months salary in compensation for unfair dismissal.

Israelstam points out that:

• Disable employees are protected from unfair dismissal
  
• Employers are required to look after disabled employees as well as they can;
  
• Every option must first be tried before dismissing and employee who has been disabled.