LABOUR AT WORK // Specialist Employment and Labour Law Consultancy for the Public Sector
Labour at Work Specialist Employment Labour Law Cnsultants

Chairing incapacity investigations (hearings)

Target Group:
Managers who chair incapacity hearings and labour relations practitioners

Course outcome:

  • How to manage an incapacity hearing in a procedural fair manner;
  • To evaluate the evidence tendered to come to a substantive fair conclusion;
  • To make the right decision how to resolve incapacity if the same was proved (to dismiss or not);
  • To differentiate between poor work performance of a tenured employee and probationary employee


  • Understand the incapacity process and Schedule 8 of the LRA, Code of Good Practice:  Dismissal
  • Dealing with probationary employees in a procedural and substantive fair manner
  • Ensuring procedural fairness
  • The role of the employee’s representative
  • The incapacity hearing’s format and process of leading evidence and rebutting evidence
  • How to weigh evidence tendered to ensure a substantive fair conclusion
  • Fair outcome, whether guidance, counselling, training, alternative duties, demotion or dismissal
  • Code of Good Practice:  Dismissal
  • Applicable collective agreements

Training methodology:

  • Presentations
  • Case studies

Course duration: 1 day