“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

During the height of the 2020 Covid-19 pandemic, the employer, Concrete Lining Products, decided to close down operations from 25 March to 16 April 2020 whilst continuing to pay its employees in full for that period, with the amount paid to be offset against the employees’ annual leave for days not worked.  

The applicant