Hi there,
I know that some may think my suggestion to be insensitive, cold and perhaps way out of line.
Legally, in terms of the labour relations act 66 of 1995, you can dismiss this individual on the grounds of "incapacity". This is sen by the courts as a " no fault on the part of the employee" dismissal. The rationale is that if an employee is too sick to work, the employer need not tolerate this. That said, all procedural aspects still need to be followed, and the employee's uif forms signed etc. In certain illnesses, an employee may be eligible for a disability grant.
In law there are only 3 categories that are recognised for dismissal: 1-misconduct, 2- incapacity and 3-operational requirements.
Hope this helps
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