Yes, you can end employment when a worker is genuinely no longer able to do the job because of ill health or injury, but it has to be handled as an incapacity process, not as a punishment. That means looking at how serious and lasting the condition is, whether the work can be adapted, and giving the worker a fair chance before any dismissal. AskMandla guides you through each step and handles the paperwork.
Incapacity is not misconduct
Ill health is no-one's fault, so it is treated differently from a warning or a dismissal for bad behaviour. The question is not whether the worker did something wrong. It is whether they can still do the job, and whether there is a fair way to keep them in it.
The fair steps
- Get a medical assessment so you understand how serious the condition is and whether it is likely to be temporary or permanent.
- Look at whether the work can be adapted: lighter duties, fewer hours, or a change in tasks.
- Consider reasonable alternatives before ending the job, and talk to the worker throughout so they can have a say.
- If the illness is temporary, sick leave or a period of unpaid leave may be the right answer rather than ending the job.
When ending the job is fair
Only when the worker genuinely cannot do the job any longer and there is no reasonable way to adapt it or find a suitable alternative. Rushing to a dismissal without those steps is how an unfair-dismissal claim starts.
What the worker is owed
Their notice (or pay in place of notice), any wages still owed, and unused leave paid out. Incapacity is not a retrenchment, so statutory severance does not automatically apply. If the illness or injury came from the work itself, COIDA may cover it; otherwise the worker can claim a UIF illness benefit.
How AskMandla helps
We help you run the process fairly, write the letters, work out the final pay and unused leave, update the payslip, and prepare the UI-19 so the worker can claim from UIF. If it becomes a dispute, we point you the right way.