Interplay between mental health conditions and performance-based dismissals
Background:
The Labour Court recently clarified the interplay between mental health conditions and performance-based dismissals in the matter of Abels v Stellenbosch University and Others case C 362/2023, delivered on 4 July 2025. The judgment reinforces that while employers must act fairly and consider medical circumstances, a diagnosis alone does not protect an employee from accountability for poor performance.
The employee, Mr. Abels, was dismissed by Stellenbosch University for his consistent poor work performance. He referred an unfair dismissal dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA), contending that the real reason for his dismissal was his mental health condition. He argued that this condition, rather than any genuine inability to perform, was the basis for his termination.
In response, the employer provided evidence that:
The employee’s performance problems predated the diagnosis of his mental health condition. Multiple efforts were made to support and accommodate him in the workplace. Despite these interventions, there was no improvement in his performance.
Labour Court
The Labour Court confirmed the CCMA’s finding that the dismissal was fair. Importantly, the Court held that an employee who alleges that a mental health condition has caused their poor performance must demonstrate a clear causal link between the condition and their inability to meet performance standards. In this case, Mr Abel failed to establish that connection. As the evidence showed, his underperformance existed before the diagnosis and continued despite support measures. As such, the court concluded that the dismissal was substantively and procedurally fair.
Key learnings:
- Mental Health Is Relevant but Not an Automatic Defence
A mental health diagnosis requires employers to act sensitively and fairly, but it does not excuse continued poor performance without proof that the condition caused it.
- Causal Link Required
Employees must show that their mental health condition directly impaired their ability to meet performance expectations.
- Fair Process Is Critical
Employers must demonstrate they followed a proper process: identifying performance concerns, providing assistance and reasonable accommodation, and giving the employee an opportunity to improve.
- Early Performance Management Matters
Consistent documentation of performance issues helps employers distinguish between genuine incapacity and misconduct or non-performance.
