When over-indebtedness results in a diagnosable mental health condition.
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GUEST - Aadil Patel, National Practice Head and Director of the Employment practice at Cliffe Dekker Hofmeyr (CDH)
Over-indebtedness is an increasingly pervasive issue in South Africa, with profound legal, psychological, and social consequences. Beyond its evident economic impact, excessive debt has been linked to deteriorating mental health, impaired decision-making, and diminished functional capacity.
These effects raise an interesting and important question for employment law: to what extent can over-indebtedness constitute incapacity or serve as a mitigating factor in cases of employee misconduct?
Over-indebtedness is an increasingly pervasive issue in South Africa, with profound legal, psychological, and social consequences. Beyond its evident economic impact, excessive debt has been linked to deteriorating mental health, impaired decision-making, and diminished functional capacity.
These effects raise an interesting and important question for employment law: to what extent can over-indebtedness constitute incapacity or serve as a mitigating factor in cases of employee misconduct?