Incapacity hearings

Ill-health incapacity arises when an employee’s medical condition or injury prevents them from performing their duties, either temporarily or permanently. The key issue is that the employee is not at fault. Employers must follow a fair process that includes obtaining medical evidence, exploring reasonable accommodation, and considering alternative positions before ending employment. The focus is on compassionate management and documented consultation, not discipline.

I can offer guidance through the entire process to help you understand the legal requirements, which documents must be acquired from the employee in order to ensure a fair process.

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Finally, if required I can also assist with chairing your incapacity hearing.

The disparity between the incapacity and misconduct processes are quite broad, without knowing how to navaigate them you could easily make a mistake that could cause eyebrows to be raised or worse, cost you money.