A mental health condition does not automatically shield an employee against a performance-based dismissal
At a glance
- In this matter, the applicant challenged his dismissal at the Commission for Conciliation, Mediation and Arbitration, arguing that he was dismissed because of his mental health condition rather than poor work performance.
- However, his poor work performance issues predated the diagnosis. The respondent argued that attempts were made to accommodate the applicant, but his performance did not improve.
- An employee alleging that their dismissal is a result of a mental health condition, which has affected their work performance, must show a causal link between the mental health condition in question and the poor work performance.
![First alert _Facts _ the Law[72] - 1](/export/sites/cdh/news/publications/2025/Practice/Employment-Law/Downloads/First-alert-_Facts-_-the-Law72-1.jpg "First alert _Facts _ the Law[72] - 1")
![First alert_Application of the law to the facts[33] - 2](/export/sites/cdh/news/publications/2025/Practice/Employment-Law/Downloads/First-alert_Application-of-the-law-to-the-facts33-2.jpg "First alert_Application of the law to the facts[33] - 2")
![First alert _Key takeaways[95] - 3](/export/sites/cdh/news/publications/2025/Practice/Employment-Law/Downloads/First-alert-_Key-takeaways95-3.jpg "First alert _Key takeaways[95] - 3")
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