Employer responsibilities and the path to job creation

WHEN an employee is incapacitated on grounds of physical or mental health or injury, the employer needs to ascertain through consultation whether the injury is temporary or permanent.

- MICHAEL BAGRAIM

Clearly, if the employee is temporarily unable to work then the employer must investigate the extent of the incapacity or the injury.

If the employee is going to be away a long time, the employer must investigate all possible alternatives short of dismissal.

In cases of permanent incapacity, the employer has to ascertain the possibility of securing alternative employment.

There have been many cases reported on the requirement of employers to adapt the circumstances to accommodate the employees disability.

Obviously if the employer can't adapt or it is wholly unreasonable to adapt to accommodate the disability then dismissal would be the only alternative.

In all these cases the employee should be given the opportunity to give input and also to be allowed to be assisted by a trade union representative or a fellow employee and also to bring an expert witness.