(This annexure is for informational purpose)

The following legislation should be considered where an employee with medical incapacity is identified and who requires some management program because he/she cannot do his/her work;

The Constitution is the highest legal authority in South Africa. It includes a Bill of Rights setting specific protections.

The Labour Rights are as follows:—

The general labour rights include the right to:

Rights not specifically protected in current legislation may offer protection in common law principles. It is important to consider such principles that may be applicable on specific cases. Generally employee rights are far more governed and protected by legislation. Equally so are those of employers. It is important to note that such protection is generally applicable on independent contractors as they are not defined as employees by the applicable legislation.

4.        Employment contract

The duties of the employer are:

The following are duties of the employee:

1.        To perform his/her work diligently.

2.        To obey all reasonable orders and work rules.

3.        Not to deal dishonestly with the property of the employer.

4.        May not compete with the employer in respect of business.

5.        Labour Relations Act: Requirements of Schedule 8

The Labour Relations Act, 1995, by means of its Code of Good Practice (Section 10 of Schedule 8), codifies a process relating to an employee's incapacity due to ill health or injury. Provision for the Code is made in Section 203 of the LRA, which also reads that "any person interpreting or applying LRA must take into account any relevant code of good practice. The Dismissal Code has specific provisions for "Ill-health and injury", and a body of practices which have become known as 'incapacity management' has evolved over time based on these provisions in the Dismissal Code. It differentiates between good practices in situations of temporary or permanent incapacity. In terms of this Code, an employer's obligation can be summarised as follows:

6.        MHSA and regulations (Act 29/1996)

Section 7 of MHSA prescribes that an employer should staff a mine with due regard to health and safety. It further prescribes that every employer must:—

Section 11 of MHSA prescribes that an employer should assess and respond to risk. It further prescribes that every employer must:

To achieve these, the Act requires designated employers to take specific steps and actions. Each of them needs to be understood, planned and then incorporated into the organisation's Employment Equity Plan to be implemented in line with an agreed strategy over time. These requirements are the following:

The requirements of the EEA means that suitably qualified people with disabilities cannot be unfairly discriminated against or be subjects of questionable or unfair labour practices in employment. It is expected of the employer to report on this from time to time in the prescribed employment equity report.

Apart from the risks, equitable  employment practice is the  right thing for leading corporate citizens to aim for according to the strategic objectives identified by the King 3 Report.

Now the following should apply in relation to suitably qualified people with disabilities. They should be:

In addition to the EEA, the Department of Labour has published at the end of 2002 the final Code of Good Practice on Key Aspects of Disability in the Workplace. Its objective is to guide employers in their efforts to attain equity for people with disabilities. This Code must be read together with the HIV/AIDS Code of Good Practice issued earlier by Government.

8.2        International Labour Organisation's (ILO) Code of Practice on Disability Management

In late 2000 the first International Labour Organisation (ILO) Code of Practice on Disability Management (CGPDM) was announced. It outlines:

"fair and equitable treatment of workers with disabilities, ...and the key roles and responsibilities of all the process stakeholders: employee, employer, trade unions, insurance providers. The policy focuses on return to work and job retention."

The ILO Code must be read together with the EEA above as it outlines for organised labour and employers how to "retain" people with disabilities as required by the EEA. The ILO Code was ratified by the SA-government for implementation alongside our own SA Disability Code

The guideline recommends that "every employer should have a plan to minimise the impact of disablement on the people it employs".