Hi there and thank you for your question,
I will try to assist you with your legal question but please feel free to ask as many follow up questions as you like until you are 100% satisfied.
Incapacity refers to the situation where an employee is unable to carry out or perform to his/her contracted obligations due to the inherent inability on the part of the employee. Incapacity is distinguished from misconduct and discipline in that ‘fault’ or; blame’ is not alleged in incapacity.
There is an excellent article here that you should read: http://www.labourguide.co.za/discipline-dismissal/341-fairness-of-dismissal-for-incapacity-ill-health and also http://www.ee.co.za/article/incapacity-ill-health-or-injury-a-reason-for-dismissal.html
If you follow the second route, you would effectively be dismissed as at the date that the decision is taken. You would also agree to be dismissed. There would be no coming back from that decision, and it would be binding on you.
If you follow the first route, then you would follow the company’s policies which includes an investigation into whether you are incapacitated, and also whether there is a different job which you could do at the work. That would be a better route to take - more in line with the law.
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