Substance abuse as an incapacity issue
Substance abuse as an incapacity issue
Podcast
Substance abuse as an incapacity issue
Podcast
This distinction was illustrated by the Labour Court's decision in PSA obo Van Wyk v Department of Social Development: Western Cape Provincial Government and Others, where an employee's dismissal was found to be unfair because the employer failed to treat his absenteeism due to alcoholism as misconduct as opposed to a medical condition requiring reasonable accommodation.
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