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Regulation Gazette No. 44058, 08 January 2021, Vol 667 No. 11222, Page 79

20210108 - Regulation Gazette No 44058 of 08-January-2021, Volume 667 No 11222, page 79

Page	79 of 84
Gazette	Regulation Gazettes, No 44058, from 08 January, 2021
Department	Labour
Notice	Page No. 66 of 66, Notice No. 5, Labour Relations Act, 1995 » Bargaining Council for the Fast Food, Restaurant, Catering and Allied Trades » Extension to non-parties of the Main Collective Agreement

STAATSKOERANT, 8 JANUARIE 2021                       No. 44058    79

alcoholism or drug abuse. counselling and rehabilitation may be appropriate steps for an

employer to consider.
                   (4)     Particular consideration should he given to employees who are injured at work or who are

incapacitated by work-related illness. The courts have indicated that the duty on the employer

to accommodate the incapacity of the employee is more onerous in these circumstances.
                    11.   GUIDELINES IN CASES OF DISMISSAL ARISING FROM ILL HEALTH OR

INJURY

Any person detennining whether a dismissal arising from ill health or injury is unfair should

consider-
       `                  (a) whether or not the empIovee is capable of performing the work: and

(b) if the employee is not capable -
                               (i) the extent to which the employee is able to perform the work;

(ii) the extent to which the employee's work circumstances might be adapted to

accommodate disability. or. where this is not possible. the extent to which

the employees duties might be adapted; and

(iii) the availability of any suitable alternative work.

< page 78	View full Gazette No. 44058	page 80 >

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