The Long Term Sickness Dismissal Letter is a crucial document in South African employment law that formalizes the termination of employment due to medical incapacity. It should be used when an employee has been absent for an extended period or is unable to perform their duties due to illness or injury, and all reasonable accommodation attempts have been exhausted. The document must demonstrate compliance with South African labour legislation, including the Labour Relations Act and the Code of Good Practice on Dismissals. It should detail the consultation process, medical evidence considered, accommodation attempts made, and the final decision rationale. This letter serves both as a formal notification and as evidence that the employer followed fair procedures in cases of potential dispute.
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1. Employee Details and Date: Full name, employee number, position, and date of letter
2. Reference to Previous Communications: Summary of prior discussions, meetings, and correspondence regarding the employee's illness
3. Summary of Medical Situation: Overview of the long-term illness/condition and its impact on work capability
4. Steps Taken: Documentation of all attempts at reasonable accommodation and alternatives considered
5. Consultation Process: Summary of meetings held with employee, medical professionals, and any representative
6. Dismissal Decision: Clear statement of the decision to terminate employment due to incapacity
7. Notice Period: Specification of the notice period and final working day
8. Final Payments: Details of final salary, leave pay, and other entitlements
9. Right to Appeal: Information about the employee's right to appeal the decision and the process to follow
1. Workplace Injury Reference: Include when the long-term illness is related to a workplace injury or occupational disease
2. Medical Aid/Insurance Benefits: Include when there are ongoing medical benefits or insurance claims to address
3. Retirement Fund Options: Include when early retirement or disability benefits might be applicable
4. Return of Company Property: Include when there is company property to be returned
5. Confidentiality Obligations: Include when there are specific confidentiality requirements post-employment
6. Reference Letter Offer: Include when the company is willing to provide a reference letter
1. Medical Reports Summary: Chronological summary of medical reports and assessments
2. Accommodation Attempts Log: Detailed record of all attempts made to accommodate the employee
3. Meeting Minutes: Minutes from all consultation meetings held regarding the incapacity
4. Benefits Statement: Detailed breakdown of final payments and benefits
5. Appeal Procedure: Detailed procedure for appealing the dismissal decision
Relevant legal definitions
Incapacity
Long-term Illness
Notice Period
Reasonable Accommodation
Medical Practitioner
Occupational Health Assessment
Final Date of Employment
Company
Employee
Termination Date
Medical Certificate
Consultation Process
Appeal Period
Substantive Fairness
Procedural Fairness
Sick Leave Cycle
Occupational Health and Safety
Permanent Incapacity
Medical Board
Benefits
Leave Pay
Retirement Fund
Medical Aid Scheme
Workplace
Alternative Position
Long-term Illness
Notice Period
Reasonable Accommodation
Medical Practitioner
Occupational Health Assessment
Final Date of Employment
Company
Employee
Termination Date
Medical Certificate
Consultation Process
Appeal Period
Substantive Fairness
Procedural Fairness
Sick Leave Cycle
Occupational Health and Safety
Permanent Incapacity
Medical Board
Benefits
Leave Pay
Retirement Fund
Medical Aid Scheme
Workplace
Alternative Position
Clauses
Medical Incapacity
Procedural History
Consultation Process
Reasonable Accommodation
Notice Period
Final Payments
Benefits Termination
Company Property
Confidentiality
Post-Employment Obligations
Appeal Rights
Medical Aid Continuation
Retirement Benefits
Final Settlement
Reference Provision
Legal Compliance
Acknowledgment
Severance Pay
Leave Entitlements
Return to Work Conditions
Procedural History
Consultation Process
Reasonable Accommodation
Notice Period
Final Payments
Benefits Termination
Company Property
Confidentiality
Post-Employment Obligations
Appeal Rights
Medical Aid Continuation
Retirement Benefits
Final Settlement
Reference Provision
Legal Compliance
Acknowledgment
Severance Pay
Leave Entitlements
Return to Work Conditions
Relevant Industries
Manufacturing
Mining
Financial Services
Retail
Healthcare
Technology
Construction
Education
Professional Services
Public Sector
Agriculture
Transportation
Hospitality
Energy
Telecommunications
Relevant Teams
Human Resources
Legal
Operations
Senior Management
Employee Relations
Compliance
Occupational Health
Administration
Industrial Relations
Relevant Roles
HR Manager
HR Director
HR Business Partner
Employment Relations Manager
Legal Counsel
Company Secretary
HR Operations Manager
Employee Relations Specialist
HR Administrator
Compliance Officer
Department Manager
Line Manager
General Manager
Managing Director
CEO
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