Reasonable Accommodation for People with Disabilities in the Labour Market

Joseph Rankgale Modise; Marius Potgieter Olivier; Ogutu Miruka

Authors

Joseph Rankgale Modise LLB (University of North West), LLM in Labour Law & Social Security (North West University). Sessional Lecturer, Graduate School of Business & Government Leadership, North West University, Mafikeng Campus, Republic of South Africa
Marius Potgieter Olivier North West University, Mafikeng Campus, Faculty of Law, Republic of South Africa
Ogutu Miruka PhD (Wits) Associate Professor of Management Sciences, Graduate School of Business & Government Leadership, North West University, Mafikeng Campus, Republic of South Africa

Abstract

The article discusses the legal and constitutional framework of reasonable accommodation of people with disabilities in the labour market. The study aims to remedy the potential pitfalls faced by employers and employees who do not understand the principles of reasonable accommodation of people with disabilities in the workplace. Studies regarding the protection and accommodation of people with disabilities in the labour market in South Africa are few and far between. This study aims to contribute to this field motivated by the desire to enable more people with disabilities to access the labour market. This is a theoretical research article meant to advance and disseminate developments regarding reasonable accommodation of people with disabilities in the workplace. The study presents a legal analysis of the implications of reasonable accommodation of people with disabilities in the workplace. The analysis presented here is meant to help employers avoid unfair labour practices that could result in heavy penalties as well as potentially stifling the career progress and productivity of affected employees. The study helps to fill some gaps in the literature locally.

DOI: 10.5901/mjss.2014.v5n4p578