Employees have a duty to obey the reasonable instructions of their employer. Failure or refusal to do so may amount to insubordination.
The prevalence of depression in the workplace was highlighted in the recent case of Legal Aid South Africa v Jansen  JOL 47984 (LAC), wherein the Labour Appeal Court (“LAC”) had to decide on whether the employee’s dismissal was automatically unfair and whether he had been unfairly discriminated against on the basis of him suffering from depression.
An employee’s conduct outside of their workplace and ordinary work hours is not subject to the control or authority of their employer. Ordinarily, facing disciplinary proceedings for one’s after-hours actions would not be considered “substantively fair”. Even arrest or criminal activity by an employee does not give an employer the automatic right of dismissal. The purpose of this Act is, among other things, “to create offences which have a bearing on cybercrime; to criminalise the disclosure of data messages which are harmful …” and creates mechanisms and procedures for determining and prosecuting the criminalised activities enumerated therein.
In the recent case of Parexel International (Pty) Ltd v Chakane and Others  11 BLLR 1245 (LAC), the Labour Appeal Court had to decide whether an employee, who had been absent from work for a prolonged period of time, could be dismissed for incapacity on the basis of ill health. The Court held that there …