Any person determining whether a dismissal arising from ill health or injury is unfair should consider—
| (a) |
whether or not the employee 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 employee's duties might be adapted; and |
| (iii) |
the availability of any suitable alternative work. |
Copyright Act, 1978
