SU 5.4

Question 1

Dismissal due to Incapacity is divided into two categories

Answer 1

1. Incapacity due to poor work performance
2. Incapacity due to ill-health or injury

Question 2

Often known as?

Answer 2

they are often referred to as ‘no fault’ dismissals

Question 3

Regulated by?

Answer 3

They are regulated by item 8-11 of the Code of Good Practice.

Question 4

Probation employees

Answer 4

Probation employees are new hires who are under trial period during the beginning of their employment.

Question 5

Purpose?

Answer 5

probation periods are meant to access the employees’ work performance

Question 6

Evaluation?

Answer 6

During the probation period, the employer minotors the employee’s work.

Question 7

Benefits?

Answer 7

Probation employees have different terms and conditions of employment as compared to regular employees.

Question 8

Probation employees
Items 8(1), 8(3), 8(4)

Answer 8

1. Employees must prove themselves.
2. Employer is prohibited from abusing the probation period.
3. Employee is accessed with proper guidance and training.
4. Employees must receive notices for specific poor performance.
5. They must be given a reasonable chance to improve.

Question 9

Tenured employees
Item 8(2)- (4)

Answer 9

1. Employers must investigate the standard of work performance.
2. Issue warnings
3. Should be more sympathetic.
4. Accesses the employee’s work
5. Investigation must be fair
6. Proper guidance and training may help improve the employee

Question 10

Incapacity due to poor work performance

Answer 10

Is regulated by Item 8 and 9 of the Code of Good Practice.

Question 11

Incapacity due to ill-health or injury

Answer 11

Is regulated by Item 10 and 11

Question 12

Employers duty….

Answer 12

The employer has the duty to accommodate the employee in all aspects.
Try to provide alternative work before deciding on a dismissal
Pre- hearing trials must be conducted.