Incapacity Hearing

Duration: 3 Hours
Method: Interactive workshop with presentation, practical exercises, and role plays

Course Overview
Incapacity is not misconduct – it’s about an employee’s inability to meet performance standards due to health or capability challenges, not wilful behaviour. Mishandling these cases can expose employers to unfair dismissal claims at the CCMA. This practical course equips managers and HR professionals with the knowledge and skills to manage incapacity cases lawfully, fairly, and confidently.

What You’ll Learn

• Understand the difference between misconduct and incapacity.
• Apply the Labour Relations Act (LRA) requirements for substantive and procedural fairness.
• Draft and implement a Performance Improvement Plan (PIP) with SMART targets.
• Manage incapacity related to both poor performance and ill health.
• Conduct fair incapacity hearings from start to finish.
• Use practical checklists and role-play exercises to build confidence.

Who Should Attend

• HR professionals
• Line managers and supervisors
• Business owners
• Anyone involved in employee performance or disciplinary processes

Learning Outcomes
By the end of the session, participants will be able to:
✔ Distinguish misconduct from incapacity.
✔ Draft and explain a PIP effectively.
✔ Apply legal requirements and case law in incapacity cases.
✔ Conduct incapacity hearings fairly for both ill health and poor work performance.