Background
Ferose Samaai worked at the Cape Peninsula University of Technology (CPUT) for over two decades. In 2018 she was diagnosed with anxiety and depression. Her health worsened after a finger amputation in 2021 and wrist surgery in 2023. Despite these challenges, CPUT dismissed her without notice in 2023.
What the Occupational Therapist Found
After Samaai’s diagnosis, occupational therapist Al‑Marie Botes carried out several assessments. The reports showed that her anxiety and depression were affecting:
- her productivity
- her relationships with coworkers
- her ability to handle job demands
Botes recommended:
- ongoing psychiatric treatment
- regular psychological counseling
- occupational therapy
- close cooperation between management and Samaai to work out suitable workplace adjustments
Court Findings
The Labor Court examined what happened after November 2022. It discovered:
- No further structured occupational therapy or accommodations were put in place.
- Instead, CPUT launched a disability investigation in June 2023 that ended in Samaai’s dismissal.
Judge Molatelo Makhura concluded that the university failed to properly look into reasonable alternatives before firing her. The judge overturned part of an earlier CCMA ruling that had deemed the dismissal fair, finding it substantively unfair instead.
Why the University’s Defense Failed
CPUT argued that:
- it had already accommodated Samaai for a long time
- she had previously refused medical accommodation
- no suitable alternative position existed
The judge rejected these points, emphasizing that:
- Employers must actively seek accommodations and alternatives during the disability process, not wait for the employee to ask.
- The medical boarding process (a possible alternative to dismissal) should have been fully investigated first.
- Past transfers between 2015 and 2018 could not count as recent accommodations because they happened before Samaai’s disability was identified.
The Ruling and Compensation
Because reinstatement was not practical due to the strained relationship, the court ordered CPUT to pay:
- R497,948 (equivalent to 11 months’ salary)
- plus one month’s compensation previously awarded for procedural unfairness
What This Means for Employers and Employees
- Employers must examine accommodation options before moving to dismissal.
- Simply claiming past adjustments or that an employee refused help is not enough.
- Employees with health conditions have a legal right to be considered for adjustments that let them keep working.
Conclusion
The Samaai case reminds everyone that fairness in the workplace includes looking for ways to support workers facing mental or physical health challenges. When employers take the time to explore reasonable alternatives, they protect both the employee’s livelihood and their own legal standing. For teens entering the workforce, knowing these rights can help build healthier, more respectful work environments for the future.
