Incapacity in the workplace

When an employee persistently under-delivers on some (or all) of the expectations for their job, and it is not due to negligence or fault on their part, employers are often at a loss in terms of how to address the situation. Similarly so when having to deal with an incompatible employee; or a situation of operational incapacity. While the law does provide guidance in this regard, the practical application requires strategic decision making and a holistic understanding of employment relations in the workplace environment.

In a workplace, it is not only about the rights of individual employees - those rights have to be balanced with the interests of the business and the rights of the other employees as well. This may require the employer to make difficult decisions about the continued employment of an under-performing employee, even when they are not to blame.

Decisions in this regard should be arrived…