Click here to read more about the Staff disciplinary procedure
Incapacity in labour law is the non-blameworthy breach of performance standards, i.e. the employee is unable to cope with the work and the lack of performance is not due to his/her fault (i.e. intentional or negligent under-performance).
There are two recognised types of incapacity in the LRA:
Poor performance OR
As a consequence of ill-health or injury (temporary or permanent)
Incapacity counselling should be embarked upon if the employee does not have the capability to perform at the required standard - either in respect of skills, competence, knowledge, experience; or in respect of ill health. This is not a disciplinary process where the employee can be blamed for under-performance. Incapacity is a “no fault” process and therefore warnings are not applicable.
St Stithians College is committed to providing a work environment that ensures that every employee is treated with dignity ,respect and afforded equitable treatment in all aspects. We are committed to providing a work environment that is conducive to the professional growth of our employees, provides a culture and atmosphere and provides equal opportunities to all. The College will not tolerate any form of harassment and is committed to taking the necessary steps to ensure that employees are not subjected to harassment. The law guarantees employees the right to employment in a workplace that is free from harassment and decimation.
Click here to read more about our sexual harassment policy
Click here to learn more about the Staff Grievance Procedure