หากมีบุคคลใดในระหว่างการพิจารณาคดีเขียนข้อความลงในเอกสารและทำเป็นหนังสือเล่มเล็กให้ทุกคนเห็นพร้อมทั้งใส่ความเพื่อให้ฝ่ายทรัพยากรบุคคลและผู้จัดการเห็น

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grievance to your employer, attaching the psychologist’s report and demanding that the inaccurate medical statement be withdrawn and that the dismissal be set aside.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