At a glance

• In SACCAWU obo Bologo v JD Group (Pty) Ltd [2025] 8 BALR 904 (CCMA), the Commission for Conciliation, Mediation and Arbitration upheld the dismissal of a long-serving salesperson for incapacity due to ill-health.
• Although the employer initially convened the process using a disciplinary hearing notice, the inquiry substantively addressed incapacity.
• The commissioner found that the employer conducted a proper investigation, considered alternatives, afforded the employee participation, and could not reasonably be expected to keep her position open indefinitely in the face of lengthy, repeated absences and inadequate medical substantiation.