A risk mitigation concern for business trying to recover from lockdown, is the ability to distinguish employers who are sincerely ill from those who exploit this period.
The Labour Relations Act 66 of 1995 as amended, places an obligation on employers to dismiss employees whom they deem debilitated by illness and/ or injury, only as a last resort. It is an expectation that every employer will use its best endeavours to assist the employee through this period. This being said, the determination of best endeavours is a legal question which is based on an array of factors.
Should this process be determined incorrectly, the financial ramifications may very well be material.
It is thus prudent to seek expert legal advise before engaging in any dismissal.
For further information, please contact Alan Alhadeff at Alhadeff Attorneys alan@alhadeff.co.za