Labour Court rules against CPUT in case of employee dismissed over health issues.
The Labour Court in Cape Town has overturned a CCMA ruling that upheld the dismissal of an employee by the Cape Peninsula University of Technology (CPUT), determining that the university failed to accommodate her medical condition or explore alternative options.
Judge Molatelo Makhura found that CPUT did not meet its legal obligations to investigate reasonable accommodation or consider medical boarding before dismissing the employee due to incapacity from ill health.
The case, brought by the trade union Solidarity, who sought to review and set aside a CCMA arbitration award. While the commissioner ruled that the dismissal was procedurally unfair and awarded one month's salary as compensation, the commissioner concluded that the dismissal itself was substantively fair.
The woman began her employment with the university in May 1996 as an Administrator in Human Capital. From 2015 to 2018, she was seconded to various departments before returning to her substantive post in January 2019.
