Abstract

This note examines the distinctions between dismissing an employee due to a disability, on the one hand, and incapacity resulting from ill health or injury, on the other hand. Only the latter is permitted and considered fair by the Labour Relations Act 66 of 1995 and the Employment Equity Act 55 of 1998. The note provides a critical analysis of Gugwini v National Consumer Commissioner (2023) 44 ILJ 2237 (LC) by examining the Labour Court’s decision and its failure to consider how visually impaired employees may be reasonably accommodated in the workplace.