Dismiss worthy due to "not being capable of doing his job"...............

Employer claims employee is not capable of doing the work


The legislation states that capacity to do a job includes 'skill, aptitude, health or any other physical or mental quality' There have been many tribunal cases which have looked at these aspects when determining whether an employee has been fairly dismissed.

Skill relates to the employee ability to do the job and is assessed by what work the employer wants done and the standard expected. There is a difference between not being able to do a job properly and refusing to do it properly. Refusing to do a job would amount to misconduct -

Aptitude and mental quality refer to the client's attitude towards the work and how that affects colleagues or customers, for example, if the client is inflexible, difficult or disruptive.
i

Posted By: ingi on December 3rd 2005 at 18:13:00

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