Does a mental health issue excuse workplace performance issues
Ayesha and Chantell noted that, according to the South African Federation for Mental Health, around 13% of South African employees live with a diagnosed mental health condition. For employers, finding the balance between supporting mental wellness and maintaining performance standards can be complex.
Ayesha and Chantell said that for an employee to rely on a mental health condition as a defence for poor performance, they need to show a clear link between the condition and their performance. In other words, if not for the mental illness, their performance would have been satisfactory.
Ayesha and Chantell emphasised that mental health challenges don’t automatically excuse poor performance, and poor performance doesn’t automatically justify dismissal. The law expects both compassion and structure, requiring employers to provide reasonable support before taking disciplinary steps.
They explained that this process typically begins when an employee discloses their condition, provides a medical certificate, or raises the issue with their manager. The employer should then investigate, offer proportionate support such as training, mentoring, flexible hours, or adjusted workloads, and set clear performance targets and timelines.
Click here to listen to Ayesha's interview.
Click here to listen to Chantell's interview.
The information and material published on this website is provided for general purposes only and does not constitute legal advice. We make every effort to ensure that the content is updated regularly and to offer the most current and accurate information. Please consult one of our lawyers on any specific legal problem or matter. We accept no responsibility for any loss or damage, whether direct or consequential, which may arise from reliance on the information contained in these pages. Please refer to our full terms and conditions. Copyright © 2025 Cliffe Dekker Hofmeyr. All rights reserved. For permission to reproduce an article or publication, please contact us cliffedekkerhofmeyr@cdhlegal.com.
Subscribe
We support our clients’ strategic and operational needs by offering innovative, integrated and high quality thought leadership. To stay up to date on the latest legal developments that may potentially impact your business, subscribe to our alerts, seminar and webinar invitations.
Subscribe