“Inherent requirements of the job” and “reasonable accommodation” are important concepts when considering the distinction between disability and incapacity in the workplace. In this reported judgment of the Labour Court (Gugwini v National Consumer Commissioner (2023) 44 ILJ 2237 (LC)) the employee, a senior researcher, was declared legally blind. The National Consumer Commissioner’s
Justifiable discrimination, and the distinction between disability and incapacity in the workplace
