The UCT Law@Work Club
Human Resources Management in Cape Town

The UCT Law@Work Club is an online management community providing support and training in labour relations and employment law.

Expand your knowledge of the South African labour law with weekly video tutorials. The discussion forum also provides you with the opportunity to engage with fellow Club members and to expand your network. Browse a library of best -practice templates and up-to-date policies. Progress your understanding of employment law by learning about topics such as avoiding a trip to the CCMA and the proper procedures to follow when handling an unfair dismissal case. Categorised for your convenience, the acts and amendments section forms part of your support system for human resource training and your understanding of the amendment bills. Use the case law library to support your understanding of the labour law. The Learning Centre is designed to support your understanding of the South African labour law. The Learning Centre also includes the weekly quizzes to test your knowledge as well as useful information that is specific to your industry. Consultation provided by the club expert is in his capacity as an employee of Hubble Studios. Our extensive case law library provides you practical knowledge within the South African labour law industry. Below is an example of a case dealing with misconduct. Are you following all the rules regarding sick leave? When an employee calls in and advises the employer that he is sick; he is in fact stating that he is incapacitated from fulfilling the functions of his position due to his ill health problem. In the matter of Numsa and Delta Motor Corp (2003) CCMA, the implementation of an incapacity process resulted in the fair termination of employment of employees who were clearly taking excessive sick leave despite suffering from no significant impairment. First the impairment must be determined (medical question), then the functional ability becomes relevant (as advised by an occupational doctor/therapist) and finally the possible accommodation/alternative available to the employee (HR/legal question). These cases provide a good understanding of the expectations of our law in dealing with ill health incapacity. What are the processes to determine dismissal for ill-health incapacity? Would the same procedures for dismissal for incapacity comply for depression? In 2007, the employee began having visions and sought the assistance from a traditional healer. On her return, she was dismissed after an inquiry and charged with absence from work, etc. They found that most of the charges were unfair, and the key question was whether the employee was justifiably absent from work- in addressing this, the employee’s explanation was considered and they found the employee had a valid and persuasive reason for absence. This case highlighted the clash of culture: an employer concerned with maximizing profits and the employee believing she would become ill if she did not heed the advice of the traditional healer.