Strydom v Witzenberg Municipality

(2008) 17 LC 1.11.47

Can an employee be dismissed for depression? Simply put, yes. Depression is recognized as a disease and as such, if a person becomes incapacitated as a result, the employment contract may ultimately be terminated. A proper procedure must however be followed. The extent of the illness and duration needs to be determined. The employer is obliged to seek alternatives and possibly consider amending employment conditions to assist the employee. Dismissal is a last resort and only after complying with the procedures in Schedule 8 of the LRA.