Incapacity, disability and dismissal : the implications for South African labour jurisprudence

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.

Grantor dc:publisher.institution

University of the Western Cape

Year dc:date.issued

2010

Author dc:creator

• Hoskins, Jonathan Mark

Advisor dc:contributor.advisor

• Bosch, Craig

• Dignity
• Discrimination
• Ddisability
• Dismissal
• Employment equity
• Incapacity
• Canadian disability jurisprudence
• American disability jurisprudence
• Medical model of disability
• Social model of disability
• Legal construction of disability