JOB SECURITY FOR DISABLED WORKERS: A COMPARATIVE STUDY BETWEEN SOUTH AFRICA AND AUSTRALIA

Abstract

This contribution considers issues arising from the incapacity of an employee as a result of an occupational injury or disease and the often resultant termination of the contract of employment due to an unavoidable long absence from work. A comparative approach is adopted with specific reference to the South African and Australian regulation of such cases. These cases may be divided into two main categories, namely protection against dismissal and job insecurity and then also the health and safety of workers at the workplace. Both aspects are the subject of Conventions and Recommendations of the International Labour Organisation. The similarities of the two approaches are compared (for example the protection available against unfair dismissal and unfair discrimination in labour and equity legislation) but divergences are also indicated. In particular the absence of “return to work” provisions, management of occupational injuries and the reintegration of persons injured at work in South Africa, as well as the compensation available in appropriate instances.