Cape Town Labour Court Orders University to Pay R497,000 for Failing to Accommodate Sick Employee
Published on 07/09/2026 at 14:10 | Redaktion boerse-global.de
The Cape Peninsula University of Technology (CPUT) has been ordered to pay more than R497,000 to a former employee after the Labour Court in Cape Town found it failed to accommodate her medical needs or properly consider medical boarding before dismissal.
The ruling, handed down on 8 July 2026 by Judge Molatelo Makhura, overturned a previous decision by the Commission for Conciliation, Mediation and Arbitration (CCMA) and substituted a finding of substantive unfairness. The case serves as a stark reminder to UK employers that failing to explore reasonable adjustments and alternative outcomes for long-serving staff with health issues can carry significant financial penalties.
The message is clear: UK employers that overlook their legal duties risk costly claims. One critical area is full compliance with the Health & Safety at Work Act 1974. A free toolkit helps you close compliance gaps with a director’s liability guide, risk assessment templates, and a compliance checklist — all designed to help you meet your duties and avoid penalties. Download the free Health & Safety at Work Act 1974 Toolkit
Long Service, Escalating Health Problems
Ferose Samaai had worked at the institution since May 1996. The court heard that her health began to deteriorate in 2018, when she was diagnosed with anxiety and depression. This was followed by a finger amputation in 2021 and wrist surgery in 2023.
Despite her 27-year tenure and documented medical history, the university proceeded with dismissal in July 2023. Judge Makhura noted that CPUT had not fulfilled its duty to explore workplace accommodations or alternative outcomes — such as medical boarding — before terminating the employment contract.
Compensation and Financial Award
The Labour Court set aside the earlier CCMA award and ordered CPUT to pay Samaai R497,948, equivalent to 11 months' remuneration. The court also confirmed a requirement for one month of procedural compensation.
The total award reflects the court's finding that the university's handling of the long-term employee's illness fell short of legal requirements for fair labour practices. Under South African labour law — as under UK equivalents — employers must consider all reasonable alternatives before dismissing an employee on health grounds.
Growing Judicial Focus on Employer Obligations
The decision follows other recent rulings involving long-serving staff. In a separate matter concluded in late June 2026, the Ontario Superior Court awarded 33 months' notice to a night shift supervisor with 17 years of service after finding the employer lacked just cause for termination.
With courts taking an increasingly strict view of employer obligations, having robust health and safety documentation has never been more important. The free Health & Safety Toolkit offers ready-to-use risk assessments, COSHH checklists, and toolbox talks covering fire safety, PPE, first aid, and more — already trusted by over 37,000 UK companies. Download the free Health & Safety Toolkit
Similarly, the Supreme Court of British Columbia recently awarded over $116,000 in a wrongful dismissal case where a manager's inadequate response to workplace stalking contributed to an employee's mental health injuries. These cases highlight an increasing judicial focus on employer obligations regarding employee mental health and long-term service stability.
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