Managing mental illness in the workplace can be a delicate balance between providing the necessary support to an affected employee, while keeping the operational needs of the organisation and staff in mind.

Mental health is increasingly becoming a labour issue across the world, and South Africa is no different.

The Labour Court in the case of Abels v University of Stellenbosch and Others (LC) (unreported case no C362/2023, 4-7-2025) (Venter AJ) considered the issue of mental health in the context of a dismissal for poor performance.

In this case the employee had been dismissed, despite having been diagnosed with a mental illness (depression), and in this case the Commission for Conciliation, Mediation and Arbitration (CCMA) had agreed with the employer’s dismissal. The CCMA Commissioner found that the medical reports submitted by the applicant and the reports from the occupational therapist confirmed that he was unable to perform all his functions. This was linked to his depression, but no expert evidence was presented to establish that his depression was the only or primary reason for his poor performance. The Commissioner also wrote in his award that ‘the onus is on an employee to prove that their depression affected their conative ability, thereby establishing a direct link between the illness and the misconduct or poor performance.’

Manifestations of mental illness at work could have aspects of misconduct, which are perceived by employers as an incapacity to fulfil the duties expected of an employee. Employees living with mental illness may be subjected to disciplinary procedures for late coming, absenteeism, and poor performance. These are forms of misconduct, even if they may be symptomatic of mental illness.

Based on the Abels judgment in favour of the employer, ‘it is imperative for employers to comply with steps to reasonable accommodate employees who suffer from mental illness in the workplace, especially where the illness may be linked to poor performance,’ and/or misconduct (Dr L Bono ‘Balancing mental health challenges in workplace with labour law’ (www.theherald.co.za, accessed 5-4-2026)). These human resources interventions include counselling, training, treatment and other suitable accommodations, within the operational parameters of the organisation.

‘Where an employee cannot be accommodated, a dismissal may be rendered to be fair. The true reason for performance concerns by employees should be evidence-based. It requires a delicate balance between addressing the performance concerns and remaining supportive in relation to the employee’s mental well-being’ (Bono (op cit)).

Employers should be mindful of the cause of the symptoms and that the misconduct may reflect the condition rather than wilful negligence. South African labour law rightly offers protection to employees facing discrimination because of ill health concerns, including the Employment Equity Act 55 of 1998, the Labour Relations Act 66 of 1995 and the Occupational Health and Safety Act 85 of 1993 (Bono (op cit)).