Please can someone help with legal advice? (unfair dismissal due to mental health crisis)
Hi all
I'm currently in a difficult situation and wondering if anyone has some advice?
I was fired from my job and charged with gross dishonesty and unauthorised absenteeism, but I really believe it should have been handled as temporary medical incapacity. My employer knew I had been struggling for quite some time due to increasing workplace stressors (ungoverned scope creep, the external agency actively trying to push me out, etc.), and I repeatedly asked for help. I was granted accommodations recommendations by my doctor, which were then unilaterally withdrawn.
The main issue with my case is that I cannot produce a medical certificate for the days I wasn't available as I wasn't under medical care during that time and my doctor can't backdate a medical certificate. I was later admitted to a mental health facility and can only provide medical notes from that date.
My inability to communicate and follow company procedure was a direct result of the symptoms of my mental health diagnosis (which I had communicated, had been accommodated previously, and repeatedly explained to them leading up to the collapse).
It was not at all a choice that I made to not communicate, but rather a direct result of my diagnosis and full functional collapse. I would have never put anyone in this situation if I had the choice and I was always really committed to my work.
There was also procedural unfairness (inadequate preparation time, late documents, refused postponement, denied witness, undisclosed online format, inability to submit evidence, intimidating conduct).
The case is going to arbitration at the CCMA and I don't know what to do...I have records of everything except for a medical certificate. Otherwise I believe I have a really really strong case.
If anyone is able to assist I'd be really grateful. I feel so alone in this and it's taking a toll on my mental health again.
Thank you 🙏🏻