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INTERVIEW – SAfm: Sian Gaffney discusses how mental health cannot always be a justification for poor performance

5 August 2025

Poor work performance cases can become difficult for employers to navigate in circumstances where mental health challenges may be a contributing factor. As such, employers need to conduct a thorough assessment of the matter to determine the root cause of the poor performance and strike a delicate balance between addressing these concerns while remaining sensitive and supportive of an employee’s mental well-being. In this SAfm interview, Employment and Benefits senior associate, Sian Gaffney, discusses a recent Labour Court judgement: poor mental health cannot always be a justification for poor performance.