You must follow a fair procedure when dismissing a disabled employee. One of the critical things you must do is to reasonably accommodate him.
If you overlook this, you'll learn the hard way just like Standard Bank.
In that groundbreaking case: Standard Bank of South Africa vs. CCMA & others, the Labour Court said the employer didn't reasonably accommodate its employee.
Let's take a closer look at this case.
Here's how the courts dealt with the dismissal of disabled employees in Standard Bank's case
The case of Standard Bank of South Africa v CCMA & others deals with incapacity and disability. Don't lose at the CCMA like they did, says the Labour Law for Managers Loose Leaf Service.
Here are the facts of the case…
What was the outcome of the case?
The CCMA found in Ms Ferreira's favour. This prompted Standard Bank to take the case to the Labour Court. The Court found the bank refused to reasonably accommodate Ms Ferreira and so had discriminated against her.
What did the Court take into account when making its finding?
The Court looked at these facts:
What did the court award the employee for her unfair dismissal?
The dismissal was automatically unfair and Standard Bank had to pay MsFerreira24 months' salary.
The Labour Law for Managers Loose Leaf Service explains that since Ms Ferreira claimed unfair dismissal and not an automatically unfair dismissal, she couldn't receive an increased compensation award. She would've received more if she'd made a claim of automatically unfair dismissal.
What can you learn about unfair dismissal from this case?
Is there anything you can learn from this case?
You need to ask these four questions to check if the dismissal of a disabled employee is fair and appropriate:
Well there you have it. Court rulings give you an advantage because they allow you to learn from other people's mistakes. So make sure you learn from this case so you don't end up forking a 24 month's salary because you fired a disabled employee incorrectly.
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