Section 14: Duty to provide suitable employment
consolidated text (as at 2012). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
14. Duty to provide suitable employment
(1) No disabled person shall be employed to perform work which, having
regard to the nature of his disability, is not suitable.
(2) Where a dispute arises as to whether any work is or is not suitable
for a disabled person, the dispute may be referred by the disabled person or
his employer to the Board for determination.
(3) The Board shall, on being requested to make a determination under
subsection (2)—
(a) —
(b) require the Hearing Committee to hold a hearing and make the
determination.
(4) A proper record shall be kept of all proceedings held under subsection (3).
(5) A determination made by the Hearing Committee under subsection (3) (b) shall be communicated to the Board for consideration and decision.
(6) The Board shall inform the parties of its decision under subsection (5)
and may give such directions to an employer as it may consider reasonable
and proper in all the circumstances.
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(7) The employer shall, subject to section 15, comply with any direction
of the Board under subsection (6).
[S. 14 amended by s. 7 of Act 14 of 2012 w.e.f. 1 September 2012.]
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Questions this section answers
- Can a disabled employee be given work unsuitable for their disability?
- What happens if there is a dispute over whether work is suitable for a disabled employee?