You Cannot Do the Job Anymore — We Are Letting You Go
Understanding your right to reasonable accommodation before an employer can dismiss you for a disability
Premiumintermediate8 minutes
The Situation
What They Said
“You cannot do the job anymore — we are letting you go.”
An employee developed a chronic health condition — such as epilepsy, a back injury, or diabetes — that affects their ability to perform some aspects of their job. Without investigating reasonable accommodations, consulting the employee, or following an incapacity process, the employer issued a dismissal letter citing the employee's inability to perform their duties.
The Fallacy
Inability to Perform All Duties Justifies Immediate Dismissal
South African employment law distinguishes between dismissal for poor performance and dismissal for incapacity due to ill health or disability. For incapacity, the employer must first investigate whether reasonable accommodation can make continued employment possible — this includes modified duties, adjusted hours, assistive equipment, or a different role. Skipping this inquiry and dismissing directly is procedurally and substantively unfair.
What the Law Says
Your Legal Foundation
Employment Equity Act 55 of 1998
Section 7(2) — Reasonable Accommodation — Employer Must Provide Reasonable Accommodation for Employees with Disabilities
“Every designated employer must take steps to reasonably accommodate the needs of people from designated groups in order to ensure that they enjoy equal opportunities and are equitably represented in the workplace.”
Before dismissing you for a disability-related condition, your employer was required to consider reasonable accommodation — changes to your work, environment, or schedule that would allow you to continue working. Failing to do this makes the dismissal automatically unfair under the Employment Equity Act and the LRA.
Labour Relations Act 66 of 1995
Schedule 8 — Code of Good Practice: Dismissal — Incapacity Dismissal Requires a Full Inquiry
“An employer should investigate the extent of the incapacity, the possibility of securing employment in another position, or adapting the existing position to accommodate the employee before dismissing for incapacity due to ill health or injury.”
Your employer skipped the required incapacity inquiry. They should have: investigated the extent of your condition; explored whether your role could be adapted; considered alternative positions; and given you an opportunity to present your case. An expedited dismissal letter without this process is procedurally unfair.
What Scripture Says
God's Word on This
Romans 15:1 (NET)
“But we who are strong ought to bear with the weaknesses of those who are not strong, and not please ourselves.”
The ethic of accommodation — adjusting to support those who face additional challenges — is not foreign to faith. Employers who refuse to make any adjustment for a disabled employee, when adjustment is possible and reasonable, abandon both the spirit of the law and this moral standard.
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You Know the Law — But Do You Know What to Say?
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What They'll Say Next
Common Counter-Arguments
After you respond, they may push back with these arguments. Members get the full rebuttal for each.
They might say: “We checked with HR and there are no other roles available — so we cannot accommodate you.”
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They might say: “Your contract says you can be terminated if you cannot perform your essential functions.”
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149 South African rights scenarios — exact rebuttals, constitutional law, and Scripture. Practise out loud with audio. Free to start with 2 full domains.