Substantive Fairness – Incapacity – Ill Health.
- Establish whether the employee’s state of health allows him to perform the tasks that he was employed to carry out.
- Establish the extent to which he is able to carry out those tasks.
- Establish the extent to which these tasks may be modified or adapted to enable the employee to carry out the tasks and still achieve company standards of quality and quantity.
- Determine the availability of any suitable alternative work.
- If nothing can be done in any of the above areas, dismissal on grounds of incapacity – ill health – would be justified.
Incapacity – Ill Health
- With the employee’s consent, conduct a full investigation into the nature of and extent of the illness, injury or cause of incapacity.