Incapacity as a ground for termination (ELRA Code Regulation 15 – 22)
Incapacity may be due to ill health, injury or poor work performance. In all cases, prior to deciding whether to terminate employment, the employer is required to call a meeting with the employee who is allowed to be assisted by a fellow employee or trade union representative and put forward his or her case. If the representations made by the employee are not accepted, the employer is required to give reasons for this and to communicate the outcome of the meeting to the employee in writing stating on what basis the conclusion was reached.