South Africa Law
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When an employee is too ill to work, it always presents a problem. Is the illness affecting her work performance? Has she used up all her sick leave? Just because she has AIDS is no reason to dismiss her or medically board her. I suggest that you explain to her that an employment contract puts rights and responsibilities on both parties. Part of her responsibilities is to do the work that she has been employed for. If she is unable to do the work because she is ill, and the illness is for a long duration, then certain options are open to you as employer. If she is a valued employee, you can grant her unpaid sick leave when her sick leave runs out until her condition improves to such an extent that she can do her work again. But the best course of action in my respectful opinion would be to send her to an occupational health medical practitioner and ask to determine hr medical fitness to do the work she has been employed for, what the prognosis on recovery is, and whether, if she is declared medically unfit, her unfitness would be permanent or temporary. If her illness will cause her to be absent for an extended period (according to the report by the occupational health medical practitioner) then you will be entitled to end her employment due to medical unfitness. As long as you do a thorough investigation and follow reasonable and fair procedures, you should be fine if scrutinized by the CCMA. There is no magical procedure to avoid being taken to the CCMA. Anyone can take you to the CCMA, regardless of the merits of the case. But the CCMA determines a dismissal on 2 grounds, namely whether there was a substantive reason for the dismissal (and if the report says she is going to be unfit for an extended period, it would be a substantive reason) and procedural fairness. If you explain all the steps you are taking to determine whether she is medically fit to do the job, and gives her an opportunity to give her input, and you then consider her input, then it should also pass the procedural fairness hurdle.
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