Cape Peninsula University of Technology Ordered to Pay R500,000 for Unfair Ill-Health Dismissal
Published on 07/11/2026 at 21:39 | Redaktion boerse-global.de
The Cape Peninsula University of Technology (CPUT) has been ordered by South Africa's Labour Court to pay nearly R500,000 in compensation to a former employee, in a ruling that underscores the legal risks employers face when failing to explore alternatives before dismissing staff on health grounds.
Judge M. Makhura, delivering judgment on July 8, 2026, set aside an earlier decision by the Commission for Conciliation, Mediation and Arbitration (CCMA). The court found that CPUT had unfairly dismissed Ferose Samaai, who had served the institution for 27 years, without properly considering medical boarding as an alternative to termination.
Speaking of failing to explore alternatives — the CPUT case is a stark reminder that thorough risk documentation is essential when handling employee health issues. A free Risk Assessment Toolkit provides 41 ready-to-use checklists and templates to help you document workplace hazards and compliance steps properly. Download the free Risk Assessment Toolkit
Failure to Consider Medical Boarding
The court heard that Samaai was dealing with a combination of physical and mental health challenges, including anxiety, depression, a finger amputation, and recovery from wrist surgery. Despite his long service record, the university moved to dismiss him due to his medical condition.
Judge Makhura ruled the dismissal substantively unfair because the employer had not adequately investigated alternative arrangements that might have accommodated Samaai's health issues. CPUT was ordered to pay R497,948 in compensation — equivalent to approximately 11 months of salary.
Global Trend of Tougher Scrutiny on Dismissals
The South African ruling aligns with a series of recent international legal decisions where courts and tribunals have penalised employers for failing to follow proper dismissal procedures or for retaliatory actions.
Earlier this month, an administrative law judge for the US National Labor Relations Board ruled that tech firm Atlassian had illegally fired engineer Denise Unterwurzacher in 2023. The judge found the dismissal was a response to her opposition to company policies and ordered her reinstatement with back pay.
In Canada, the Ontario Labour Board recently declared the firing of a software engineer at a Toronto-based tech firm illegal, finding it was retaliatory after the employee raised concerns about unpaid overtime and unrealistic deadlines. Separately, the Alberta Court of Justice ordered Al-Man Trucking Inc. to pay more than $44,000 to a former worker, ruling the individual was an employee despite being labelled a contractor.
Mental Health and Workplace Safety Liability
Recent cases also highlight the financial consequences for employers who fail to accommodate mental health conditions or workplace safety concerns.
In a Kentucky court ruling, Gravity Diagnostics was ordered to pay $450,000 to former employee Kevin Berling. The company had held a surprise birthday party for Berling despite his specific request to avoid such an event due to an anxiety disorder. The resulting panic attack led to his dismissal, which the court found to be wrongful.
That Kentucky ruling shows how costly it can be when employers overlook mental health accommodation obligations. A free Health & Safety Toolkit helps UK employers meet their legal duties under key regulations including the Health & Safety at Work Act, COSHH, and PUWER — with ready-to-use risk assessments and checklists trusted by over 37,000 UK businesses. Download the free Health & Safety Toolkit
In Ireland, the Workplace Relations Commission awarded compensation to Angelos Elias, who was laid off from the Lazy River Café in October 2025 after ten years of service. The employer, Heather Foods and Catering Ltd, failed to attend the hearing and was ordered to pay statutory redundancy, six weeks' notice pay totalling €3,240, and unpaid wages.
A long-running legal battle in the United Kingdom concluded with former team leader Alan Jones receiving £329,000 from Pilkington UK Ltd. Jones had been dismissed after being monitored while suffering from radiation neuropathy. The case lasted six years before the final award for unfair dismissal was secured.
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