Managing ill-health and poor performance in the workplace

Understand how incapacity dismissals relate to and are distinguishable from misconduct, the different kinds of incapacity (illhealth and poor performance). Develop knowledge of the correct procedures to follow in respect of both incapacity ill-health and incapacity poor performance. Practice how to deal with specific incapacity problems in the workplace and leave with the practical skills necessary to lawfully handle incapacity dismissals.

  1. Introduction
  2. Procedure
    • Legal framework
    • Categorising incapacity in the workplace
    • Procedural fairness
    • The concept of no fault determinations
    • Distinction between misconduct and incapacity
  3. Poor work performance:  themes
    • Overview
    • Training
    • Consistency
    • Victimisation
    • Opportunity to improve
    • Valid assessment
    • Managerial perogative
    • Strategic fit
    • Targets
    • Incompatibility
    • Incapacity: Incompatible leadership style
    • Tolerating poor performance
    • Summary substantive fairness
  4. Incapacity:  ill-health
    • Overview and general philosophy
    • Legal framework
    • Key terms and definitions
    • Alcohol
    • Drugs
    • HIV aids
    • Mental illness
    • Medical assessment
    • Malingering
    • Procedural fairness
    • Permanent/temporary
    • Back and neck pain
    • Boarding/ pension payment
    • Disability
    • Proactive strategies
    • Injuries on duty
    • The effects of tolerating incapacity:  ill-health
    • Confidentiality of record keeping
    • Evidence

We have a panel of carefully selected trainers all of whom are legally qualified, have many years of experience as trainers and are often arbitrators/and or commissioners of the CCMA. Their extensive experience enables them to respond to ad hoc queries from delegates in a practical and empowering manner and is one of the factors which set us apart from the competition. Regular presenters include:

Heinrich Bohmke has been a senior trainer and course developer for CBA training for the past 10 years. Prior to this he lectured at Vista University and worked in a distinguished labour law firm for five years.   He was also the legal training officer of a major trade union, conducting litigation and providing strategic advice in a number of significant matters.

Joanne Philip is an admitted attorney who has been practicing as a specialist in the field of labour law since July 2003. She runs her own HR consulting business and has been training for CBA since 2005 with key focus in the private and public sector.

Adv James Matshekga is an admitted advocate of the Transvaal division of the High Court and is currently a senior lecturer at the University of Johannesburg where he is primarily responsible for teaching Labour Law. James is also an accredited trainer and facilitator of the Law Society of South Africa. He is currently a part-time commissioner at the CCMA and a panelist at various bargaining councils in both the private and public sector. James has been training for CBA since 2009.

Dates and venues
20-21 September  2012 East London, Regent Hotel
20-21 September 2012 Bloemfontein, Windmill Casino
20-21 September 2012 Cape Town, Capetonian HotelDurban,
27-28 September 2012 Johannesburg, Genesis Suites
27-28 September 2012 Nelspruit, Winkler Hotel
27-28 September 2012 Durban, Suncoast Casino

The Fee
One delegate: R4 110.00 + VAT = R4 685.40
Three or more delegates: R3 736.37 + VAT = R4 259.46 per delegate