If someone in a hearing wrote things on a document and made a booklet for everyone to see and defamed my character so HR and managers can see

In South Africa
Last Updated: Jan 10, 2026
I, [name removed], was called for a dismissal hearing but a booklet of documents was compiled and there was a document typed out that stated "please help her she is not mentally stable and has a small boy to care for and didn’t have any family in Bloemfontein, she (me) must realise that pills will not help me. I was victimized, bullied, etc. at work, she thrived on my depression, and I have evidence that the psychologist said I am mentally stable and only have anxiety and depression due to my mom that passed on and is not mentally well. Who is this woman to make a diagnosis of such a thing

Lawyer Answers

Ascendance International Consulting (A-I-C)

Ascendance International Consulting (A-I-C)

Jan 10, 2026
In South Africa an employer’s written statement that you “are not mentally stable” and that “pills will not help you” can be used to justify dismissal, but the Labour Relations Act (Act 66 of 1995) and the Code of Good Practice on Dismissal require that any claim of incapacity be based on objective medical evidence and that the dismissal process be fair and transparent. Because you already have a psychologist’s report confirming that you are mentally fit (with only anxiety/depression linked to bereavement), you can challenge the employer’s allegation as unfair dismissal and as discriminatory under the Equality Act (Act 55 of 2000). The first step is to submit a formal grievance to your employer, attaching the psychologist’s report and demanding that the inaccurate medical statement be withdrawn and that the dismissal be set aside. If the employer does not correct the matter within a reasonable period (typically 7‑10 business days), you can file a dispute with the CCMA for arbitration on unfair dismissal, seeking reinstatement (or compensation) and the recovery of any accrued benefits.

We can help you draft the grievance letter, organise the necessary documentation, and guide you through the CCMA process—including preparing your case, representing you at the hearing, and advising on any additional claims such as defamation (since the false statement was published to a third party and harms your reputation) or a discrimination claim under the Equality Act. If you suspect the statement was made by a non‑medical person, we can also advise you on how to lodge a complaint with the Health Professions Council of South Africa (HPCSA). Keep all evidence (the booklet, psychologist’s report, emails, and any records of bullying) securely, and let us know how you’d like to proceed so we can support you every step of the way.

Sincerly,
A-i-c
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