Depression & dismissal


Hlengiwe Skosana | Senior Associate | Employment Law Department | Garlicke & Bousfield Inc | mail me |

In Legal Aid SA v Jansen (LAC), the employer appealed against the Labour Court’s decision whereby it held that the dismissal of the employee was automatically unfair in terms of section 187(1)(f) of the Labour Relations Act (LRA) and that he had been unfairly discriminated against in terms of section 6 of the Employment Equity Act, on the basis of him suffering from depression.


The employee was diagnosed with depression in 2010 and was prescribed anti-depressants. Over the years, the employee’s depression became progressively worse, despite him being on medication and participating in the employer’s Employee Wellness Programme on several occasions.

Following a disciplinary hearing, the employee was found guilty of

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Read the full article by Hlengiwe Skosana, Senior Associate Employment Law Department, Garlicke & Bousfield Incas well as a host of other topical management articles written by professionals, consultants and academics in the December/January 2020/21 edition of BusinessBrief.

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