The Labour Court has taken a specific look at whether illness can lead to dismissal. The Fire Department did not employ diabetics as fire fighters and was found that this constituted unfair discrimination. The Courts said that it was necessary to investigate whether the illness would have a marked influence on the performance of the actual job.
The courts are quite lenient on employees and unless it can be said that their position had been hugely affected, then the dismissal would not be acceptable. The courts said that one must take into account the inherent requirements of the job and the incumbent risk.
MICHAEL BAGRAIM BA. LLB.
BAGRAIMS ATTORNEYS (LABOUR LAWYERS)