Presenteeism and the Law of dismissal in South Africa: a comparative analysis

Abstract

The Labour Relations Act 66 of 1995 (LRA) provides for the dismissal of employees on grounds of misconduct, incapacity due to poor work performance or ill health, as well as based on the operational requirements of the employer. Presenteeism has increasingly emerged in the workplace, manifesting in reduced productivity and economic losses for employers. It takes various forms, including alcohol-related presenteeism, sickness presenteeism, and presenteeism linked to job insecurity, and has further impacted the common law employment relationship. This study evaluates presenteeism and its relation to the law of dismissal within the South African labour law framework. It also examines UK dismissal law and the approaches adopted to address presenteeism effectively. It does so by referencing the Labour Relations Act, the UK Employment Relations Act, the ACAS Codes, and the UK Flexible Working Regulations.