Imagine struggling with your job, but not because you don’t want to do well, but because you’re battling something invisible – DEPRESSION! This is the tough reality many employees face, and a recent case in the Labour Court, Abels v University of Stellenbosch, shines a light on how our legal system handles these tricky situations.
Mr. Abels worked for the University of Stellenbosch. He was dismissed because of ongoing poor work performance. He argued that his depression, diagnosed in early 2021, was the real culprit behind his struggles. The University, however, said his performance issues started even before his diagnosis and that the university had tried to help him, including a special plan to improve his work and giving him time off for medical reasons.
This case ended up in the Labour Court after a previous decision (by the CCMA) sided with the University. Mr. Abels felt the University didn’t truly consider his mental health and that he was dismissed for being unwell, not just for poor performance. This is a big deal because the law treats dismissals for ill-health differently from those for poor performance, with more obligations on the employer if it’s a health issue.
The Court looked at all the evidence and had to decide if the first decision was “reasonable.” What stood out was that Mr. Abels actually admitted his performance was poor before he was diagnosed with depression. The University also showed they had indeed tried to help him. The court said it was up to Mr. Abels to prove a direct link between his depression and his poor performance, which he couldn’t do.
Ultimately, the Labour Court agreed that the University had followed a fair process and that Mr. Abels’ dismissal for poor work performance was justified. They had considered his medical condition and tried to help him, but his performance issues remained.
Takeaway – This case offers important lessons for both employees and employers.
For employers, it’s a reminder to take mental health seriously, offer support, and follow fair processes. However, it also clarifies that if performance issues are long-standing or not directly caused by the illness, and the employer has tried to help, a dismissal might still be fair.
For employees, it highlights the importance of communicating health issues early and being able to show how those issues directly affect your work performance. Simply having a diagnosis isn’t always enough to prevent a dismissal for poor work performance, especially if the problems existed beforehand.
