National Health Laboratory Service v Yona (PA 12/13) [2015] ZALAC 33; [2015] 10 BLLR 1002; (2015) 36 ILJ 2259 (LAC) (12 May 2015)  per Ndlovu JA (Waglay JP and Landman JA concurring)

The Labour Appeal Court disallowed the appeal.  The employee’s subordinate was appointed in an acting position in which the employee had previously acted a number of times.  The employee suffered from severe depression and generalised anxiety disorder and was booked off sick.  The evidence showed that the HR Manager failed to advise employee to apply for extended sick leave benefits.  Employee failing to receive fair and compassionate treatment when there was a desperate need and she suffered from a severe work-related mental illness.  Employer’s unfair decision to enforce employee’s absence as unpaid leave.  The employer’s conduct was intolerable and amounted to constructive dismissal.