Incapacity in labour law is the non-blameworthy breach of performance standards i.e. theemployee is unable to cope with the work and the lack of performance is not due to his/herfault. The Labour Relations Act 66 of 1995 (LRA) Section 188(1)(a)(i)
Disciplinary hearings are formal processes used by employers to address alleged misconductor poor performance by employees. The purpose of a disciplinary hearing is to determinewhether the employee’s behaviour or performance warrants disciplinary action, and if so,what the appropriate sanction should