{"id":{"repo_id":"western-cape","oai_identifier":"oai:uwcscholar.uwc.ac.za:10566/18117"},"canonical_url":"https://search.dev.ndltd.org/etd/western-cape/oai:uwcscholar.uwc.ac.za:10566/18117","repository":{"repo_id":"western-cape","name":"University of the Western Cape","base_url":"https://uwcscholar.uwc.ac.za:8443/server/oai/request"},"display":{"title":"Incapacity, disability and dismissal : the implications for South African labour jurisprudence","abstract":"Disability in South African labour law is reduced to incapacity. An evaluation of disability and incapacity was made to advocate a clear conceptual break between the two concepts. Also, that disability should be grounded in a social model paradigm of disability which was a materialist critique of how capitalism constructs disability. To enhance the analysis discourse analysis was employed to illustrate how language, ideology and power sustained the notion of disability in capitalist society. A comparative analysis was made drawing on American disability jurisprudence and Canadian disability jurisprudence to illustrate the difference in approach between the two legal systems with a suggestion that the Canadian approach was better suited to the development of a South African disability law. And the development of South African disability law it was argued would benefit if a legal construction of disability was crafted to deal with the obstacles that disabled people encounter in the work-place.","abstract_html":"Disability in South African labour law is reduced to incapacity. An evaluation of disability and incapacity was made to advocate a clear conceptual break between the two concepts. Also, that disability should be grounded in a social model paradigm of disability which was a materialist critique of how capitalism constructs disability. To enhance the analysis discourse analysis was employed to illustrate how language, ideology and power sustained the notion of disability in capitalist society. A comparative analysis was made drawing on American disability jurisprudence and Canadian disability jurisprudence to illustrate the difference in approach between the two legal systems with a suggestion that the Canadian approach was better suited to the development of a South African disability law. 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