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Term of the day: Incapacity

by , 16 August 2013
Incapacity: The failure or inability of the employee to work according to the requirements of the job. Incapacity encompasses poor performance but also the inability to perform as a result of ill-health or injury. Incapacity because of ill-health or injury differs from poor performance because there can be no fault attributed to the employee for incapacity due to illhealth or injury. In situations where the employee is not at fault you will be required to help the employee stay in employment if this is at all reasonably possible.

50 HR Policies and Procedures your company MUST have if you want to stay out of the CCMA

Dear Small Business Owner,

Having managed my own department for years, I know how hard dealing with employee issues really is.

I know just how traumatic, time-consuming and costly it is fighting an employee dispute at the CCMA. 

I also know that these days, more and more businesses are opening themselves up to litigation and costly CCMA cases because their company policies aren't fully up to date, or don't include processes to handle the latest changes to the business landscape.

That's why I recently sat down with two renowned HR experts, Janine Nieuwoudt and Barney Jordaan, to discuss a solution to this problem.

I've brought together the best minds in the business to ensure your company's HR disputes don't ever make it as far as the CCMA

With more than 20 years of experience in the HR realm and as the Editor-in-Chief for the Practical Guide to Human Resources, Janine knows just how much having the right HR information at hand is worth to a business.

I couldn't agree more – and neither could our colleague Barney.

After all, as a Senior Commissioner at the CCMA, Barney's seen it all: Disputes over leave… Employee grievances that got out of hand… Businesses being sued for not hiring a certain job candidate… You name it, he's seen it.

Throughout the 21 years he's spent overseeing CCMA cases, there's one truth that remains:

The ONLY way to seamlessly protect your business from being dragged to the CCMA every time you have an employee problem is to have a comprehensive HR Policy Manual in place.

It's so important, in fact, Barney believes you can solve just about every employee issue you've ever had just by putting the appropriate HR Policy or Procedure in place.

And today, we want to help you do just that…

Don't leave company practice 'open to interpretation' ever again

These days, handling employee issues is a nightmare!

You need to ensure your company's outlined a policy and procedure for just about everything!

From the use of social media sites like Facebook and Twitter to smoking; anti-bribery; corruption; drug and substance abuse; family responsibility leave and more – if you haven't covered your bases, HR issues like these are a minefield waiting to blow up in your face.

And, most of the time, it'll happen when you receive a Notice to Attend the CCMA.


It's simple really.

You see, what most businesses forget is that if they don't have a policy in place to handle situations, common practice becomes the defining policy, regardless of the details.

Take religious leave for example.

Just because your company employs people with different religious beliefs doesn't mean you have to pay them when they take religious holidays.

After all, there are seven major Jewish holidays in which Jews are prohibited to work by their faith. This works out to an extra 12 days leave your Jewish employees need to take for religious reasons. And if your employee is Muslim, he'll request around eight religious holidays a year. 

But how does this affect your company?

Well, it all depends on what your HR Policy on Religious Leave dictates. 

For example, you can decide to either:

  1. Let your employee take annual leave…

  2. Allocate additional leave days… (Remember, you'll have to give these extra days to all staff regardless of their religious beliefs)

  3. Adopt a religious culture for your company where you grant these religious leave days to all their employees as paid holidays over and above the public and annual leave days they're legally entitled to…

Regardless of what you decide, you need to ensure you have a policy that clearly states what your company's exact stance on religious leave is so you can prevent disputes over this issue.

But this isn't unique to religious leave… It applies to each and every HR situation you'll ever come across.

Don't wait for that 'when the need arises' moment to put the appropriate HR Policy or Procedure in place

Think about it…

Have you told your staff what you expect from them when it comes to issues like:

  • What your employees can and can't say on Twitter and Facebook?

  • Their performance? Do they know what constitutes 'poor performance' and the steps involved to solve this issue? Do they understand your company's review process?

  • Working overtime?

  • Sexual harassment in the workplace?

  • And much more…

But don't think it stops at 'telling' them.

In fact, you need to do more than just tell your staff about the behaviour you expect and the consequences of breaking these rules. You also need to have proof that you've informed them these policies are in place.

If you don't, your next HR dispute could not only land you in hot water with the CCMA… It could be the very reason you fork over thousands of rands in compensation when you lose the case.

Luckily, you can solve all this by putting a comprehensive HR Policy Manual in place…

And today, Janine, Barney and I are going to ensure you have all 50 of the most crucial HR Policies and Procedures in place at your company so you never have to worry about an employee taking you to the CCMA for common HR complaints ever again!

50 Legally approved HR Policies and Procedures your company can't do without

It's all thanks to HR Policies and Procedures: 50 HR Policies and Procedures you can't run your company without.

With it, you'll have access to 50 must-have HR company policies and procedures so you can put an end to needless disputes and questions regarding HR issues like:

•    Absenteeism;
•    Employee incapacity;
•    Substance abuse in the workplace;
•    Conflict of interest;
•    Religious leave; and
•    And 45 other common HR headaches.

That's just the start!

Because HR Policies and Procedures comes on a CD, all 50 Policies and Procedures are fully customisable.

Just think, NO more spending hours typing up your latest company policy so you can get the wording just right. Simply open our policy, make your changes and hit the 'print' button…. You'll have everything at your disposal to turn your computer into an HR Policy Writer.

And don't forget, Janine and Barney have checked and then double-checked each and every HR policy and procedure in HR Policies and Procedures – so you can rest assured that they're 100% legal and completely CCMA-proof!

  • NO more wasting thousands of Rands getting your labour lawyer to draw up a new HR policy or amend an existing one;

  • NO more sweating bullets when an employee threatens you with the CCMA; and

  • NO more nagging doubts about whether your outdated company HR Manual is watertight enough to hold up in court.

With HR Policies and Procedures, you can rest assured you have all the essential HR policies and procedures you need to keep your company free from liability.

Get your hands on 50 ready-to-print, fully customisable HR Policies and Procedures and put a STOP to your employee problems starting today

If you consider how much it costs to get a qualified HR Consultant or Labour Lawyer to draw up a single HR Policy or Procedure, I'm willing to bet you think HR Policies and Procedures will cost you a fortune. After all, it contains not one… Not two… But 50 vital HR documents.

But that's where you're wrong.

Order today and I'll give you all 50 essential HR Policies and Procedures for much less than it'll cost to get one of them drawn up.

That's right!

For the next 30 days, you can get your hands on HR Policies and Procedures for just R540 excl. Vat.

That works out to just R10 a policy!

No catch! I've had first-hand experience on just how problematic HR problems can be if you haven't put a comprehensive, legally binding HR Policies and Procedures in place.

The stress… Time-wasted… And the expense of fighting an employee at the CCMA just aren't worth it!

As a loyal Labour Bulletin reader, I don't want you to suffer the same fate!

That's why I've made HR Policies and Procedures as affordable as I possibly can.

But you must act today!

Group Publisher, Annabel Koffman has warned me that I can only offer the launch price of R540 (excl. Vat) for the next 30 days. After that, the price must go up.

So act now!

And don't forget, HR Policies and Procedures comes with my watertight 30 day money back guarantee.

Order your copy of this indispensable CD today and I'll give you a full month to check it's everything I've said it is.

If you don't agree that HR Policies and Procedures is the most comprehensive, easy-to-use HR Policy and Procedure package you've ever seen, simply return it to me within 30 days and I'll give you your money back.


Here's to saying 'goodbye' to all your HR headaches,

Rachel Paterson
Rachel Paterson
FSP Business Publisher

PS: If you have employees, you have employee problems!

From absenteeism to disciplinary measure… From poor performance to overtime… And even social media slander, sexual harassment and substance abuse – it's only a matter of time before you have to deal with one – or all – of these HR nightmares.

By having an HR Policies and Procedures in place for each one, you'll be able to nip these problems in the bud, before they even happen.

Don't wait until you're in a situation to put an HR policy in place! Get your hands on HR Policies and Procedures: 50 HR Policies and Procedures you can't run your company without today to ensure you've covered all your bases and never lose another HR dispute at the CCMA again.

PPS: Here's a full list of the 50 easy-to-print, pre-formatted HR Policies and Procedures you'll receive when you order your copy of HR Policies and Proceduresyou can't run your company without:

  1. Absenteeism and Desertion Policy   

  2. Acknowledgement of Debt Form

  3. Affirmative Action Policy   

  4. Appeal Review Procedure

  5. Basic Conditions of Employment Policies

  6. Call Avoidance Policy (for Customer Services Agents)   

  7. Certificate of Service

  8. Confidentiality Policy

  9. Conflict of Interest policy

  10. Corporate Code of Conduct

  11. Desertion Procedure   

  12. Disciplinary Policy   

  13. Drug-Free Workplace Policy

  14. Electronic Communication and Security Policy

  15. Employee Assistance policy

  16. Employee Resignation Form

  17. Ethics Policy   

  18. Exit Interview Form

  19. Gifts Policy

  20. Grievance Procedure

  21. Incapacity Procedure for Poor Work Performance Policy

  22. Independent Contractors Policy   

  23. Leave Application Form

  24. Leave: Annual Leave Policy   

  25. Leave: Family Responsibility Leave Policy

  26. Leave: Maternity Leave Policy   

  27. Leave: Religious Holidays Leave Policy

  28. Leave: Sick Leave Policy   

  29. Leave: Special Leave Policy   

  30. Leave: Unpaid Leave Policy   

  31. Loan Policy   

  32. Loan/Advancement Application Form

  33. Nomination for Training Form

  34. Overtime Agreement

  35. Overtime Policy   

  36. Payroll Deduction Authorisation Policy

  37. Performance Review Policy

  38. Personal Code of Conduct

  39. Policies and Procedures Acknowledgement Signature Page   

  40. Policies and Procedures Overview   

  41. Holding a Public/Political Office During Employment Policy

  42. Recruitment Policy   

  43. Retirement Policy

  44. Sexual Harassment Policy   

  45. Smoking Policy   

  46. Social Media Policy

  47. Special Employment Conditions Policies

  48. Staff Exit Form

  49. Staff Loan Policy

  50. Training Costs Policy

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Term of the day: Incapacity
Note: 5 of 1 vote

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