In a country where there are many socio-economic and employment concerns faced by employees, poor work performance as a result of suffering from a mental illness cannot result in justifiable dismissal. One of the most prevalent forms of mental illness is depression in its various forms, which affects approximately one third of South Africans as studies by the South African College of Applied Psychology (SACAP) have shown. Indeed, it is quite inevitable that employees may suffer from depression among other mental health illnesses at certain stages of their lives, even where the diagnosis has not been confirmed by a qualified medical practitioner. It is more so, particularly, to those low earning employees who also suffer from other socio-economic challenges that we face in the country.

The challenges that persons with depression face commonly affect the livelihood of such a person in its entirety. SACAP describes depressed individuals as persons who will typically endure fading interest in work or personal activities, an inability to concentrate, emotional despondency, physical decline of energy, and difficulties in sleeping (B Moss-Reilly ‘5 Common Signs of Depression and How to Address Them’ (www.sacap.edu.za, accessed 2-6-2026)). This point is an indication that there is a feasible probability that poor work performance may be caused by the consequences of depression as a mental illness.

Poor Work Performance

Poor work performance is directly correlated with a failure to meet the required performance standard of the employer. Where an employee is dismissed for poor work performance and such an employee is aggrieved, the employee may approach the Commission for Conciliation, Mediation and Arbitration (CCMA) to determine whether the dismissal is an unfair dismissal. Employees who seek relief from unfair dismissal due to mental illness such as depression must prove that there is a causal link between the mental illness and poor work performance. Even so, employers remain entrusted with a duty to investigate the extent of such a causal link, if any, between the poor work performance and the supposed depression before a decision is made to dismiss the employee.

The guidelines for an employer to understanding unfair dismissal of an employee for poor work performance are found in sch 8 of the Code of Good Practice, read in line with the Labour Relations Act 66 of 1995 (LRA). At item 8 and 9 therein, the Code of Good Practice provides for incapacity as a result of poor work performance and the guidelines for dismissing an employee for such incapacity.