The Termination Due To Health Reasons Letter is a crucial document in South African employment law, used when an employee's medical condition prevents them from performing their job duties effectively. It represents the culmination of a thorough process required under the Labour Relations Act and the Code of Good Practice on Dismissals. The document should only be used after exhausting all reasonable accommodation options and following a comprehensive consultation process. It must detail the medical evidence considered, accommodations attempted, and the reasoning behind the final decision. This letter serves both as formal notice of termination and as evidence of compliance with legal requirements for fair dismissal procedures in cases of medical incapacity.
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1. Letter Header and Date: Company letterhead, date, reference number, and addressee details
2. Subject Line: Clear indication that this is a termination of employment notice due to medical incapacity
3. Opening Statement: Professional and compassionate introduction referencing previous consultations and medical assessments
4. Summary of Consultation Process: Overview of all meetings, assessments, and attempts at accommodation
5. Medical Evidence Reference: Summary of medical reports and findings that support the incapacity decision
6. Termination Decision: Clear statement of the decision to terminate employment and the effective date
7. Notice Period and Final Pay: Details of the notice period, final salary, and any outstanding benefits
8. Employee Rights and Benefits: Information about pension, medical aid, UIF, and other relevant benefits
9. Closing and Contact Information: Closing statement with contact details for any queries and next steps
10. Signature Block: Space for authorized signatory and company details
1. Workplace Injury Reference: Include if the health condition is related to a workplace injury, referencing relevant COIDA claims
2. Alternative Position Considerations: Details of alternative positions considered and why they were not suitable, if applicable
3. Disability Claim Information: Information about disability benefits and claim procedures if applicable
4. Return of Company Property: List of company property to be returned, if applicable
5. Non-Disclosure Reminder: Reminder of continuing confidentiality obligations, if relevant to the position
6. Reference Letter Offer: Option to request a reference letter, if company policy allows
1. Medical Assessment Summary: Summary of medical reports and recommendations from occupational health practitioners
2. Consultation Meeting Minutes: Records of all incapacity inquiry meetings and consultations
3. Accommodation Attempts Record: Documentation of all attempts made to accommodate the employee
4. Benefits Statement: Detailed breakdown of final payment and benefits
5. Handover Document Template: Template for documenting handover of duties and responsibilities
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Manufacturing
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Financial Services
Retail
Healthcare
Technology
Construction
Education
Professional Services
Hospitality
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Agriculture
Public Sector
Energy
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Relevant Teams
Human Resources
Legal
Employee Relations
Compliance
Operations
Senior Management
Industrial Relations
Occupational Health and Safety
Administration
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Relevant Roles
HR Manager
HR Director
Legal Counsel
Employment Relations Manager
HR Business Partner
Line Manager
Department Head
Operations Manager
General Manager
Managing Director
CEO
Compliance Officer
Industrial Relations Manager
Human Capital Manager
Employee Relations Specialist
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