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Webinar details: African Labour Law Society

Topic: When Incapacity Does Not Mean Dismissal: Recent Developments in Reasonable Accommodation

Summary:

Employers are facing ever more complex issues linked to employee incapacity and must weigh business needs against their legal duties to support staff, assess reasonable adjustments, and consider options other than dismissal.

This webinar examines the evolving South African legal approach to incapacity dismissals and the duty of reasonable accommodation, with particular emphasis on recent Labour Court jurisprudence. It examines how employers should deal with employees whose health condition or functional ability limits their capacity to carry out their current role, and how far reasonable adjustments and options other than dismissal need to be considered before ending the employment relationship.

The discussion will focus on three recent decisions: South African Broadcasting Corporation v CCMA and Others [2022] ZALCJHB 378, Le Franschhoek Hotel (Pty) Ltd v CCMA and Others [2025] ZALCJHB 84, and Solidarity and Another v Cape Peninsula University of Technology and Others [2026] ZALCCT 107. Taken together, these decisions create an opportunity to reflect on how the law is evolving from an emphasis on assessing incapacity towards a more substantive examination of reasonable accommodation, alternative duties, and the potential to keep employees in the workplace.

The webinar will thus explore the real-world implications of these developments for employers, employees, trade unions and labour-law practitioners, focusing on how a sound approach to reasonable accommodation and incapacity procedures can help minimise the risk of unfair dismissals, disputes and avoidable litigation.

Presenter: Dr Estie Gresse, Senior Lecturer North-West University and Admitted Attorney

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