A dismissal for incapacity can be for:

• Poor work performance
• Physical disability or ill health
• Incompatibility or where the employee is unsuitable to continue in the position.

When deciding whether a dismissal for incapacity was fair or not, the following must be considered:

• Whether the employee failed to work to a required standard
• Whether the employee was aware of the standard
• Whether the employee was given a fair chance to meet the standard
• Whether dismissal is the appropriate outcome for failing to meet the standard.
• Whether the incapacity is serious and what the likelihood is of an improvement.
• Whether the employee could be accommodated in an alternative position should one be available.