Can a mental health diagnosis shield an employee from being dismissed for poor performance despite reasonable accommodation by an employer?

Podcast

Can a mental health diagnosis shield an employee from being dismissed for poor performance despite reasonable accommodation by an employer?

Podcast

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The distinction between misconduct and incapacity becomes blurred when an employee alleges that their misconduct or poor performance is as a result of something that they have no control over, for example, alcoholism or a mental health condition such as anxiety or depression.

The Labour Court in Abels v Stellenbosch University and Others confirmed that an employer can dismiss an employee for poor performance provided that an employer has followed a fair process. The judgment further confirmed that a mental health condition such as depression can be considered as a factor for an employee's poor performance, however, it does not shield an employee from being dismissed for poor performance, especially when an employer has followed a fair process and has reasonably accommodated an employee. 

Employees who allege that their dismissal (for misconduct or incapacity) is based on their mental health condition bears the onus of establishing a causal link between the dismissal and their mental health condition.

In this episode of CDH Conversations, Yvonne Mkefa and Thato Maruapula explore whether a mental health diagnosis can protect an employee from dismissal for poor performance, even when the employer has offered reasonable accommodation.

Click here to listen to the podcast.