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Problem
Read the excerpt below and answer the question that follows:
"Mental health issues have predominantly been addressed as an 'ill health' (incapacity) issue and not as a disability. The problem with this approach lies in the fact that where mental health in the workplace is treated as an incapacity issue, employees suffering from debilitating mental health issues, are not afforded the necessary protections prescribed under the Labour Relations Act 66 of 1995 (LRA) and the Employment Equity Act 55 of 1998 (EEA). Neither the LRA, nor the EEA define what is regarded as a 'disability' within the employment law context. The question then begs, what passes for a 'disability' under our currently legislation and can this be (fairly) treated in the same manner as 'ill health/incapacity'? Our Labour Courts has been divergent on this issue."
Yeats, M. 2017. OHSA - yes, this includes mental health - what does the law say? [Website]. [Accessed 17 October 2023] (Google).
Task
Write an essay in which you discuss whether mental health issues in the workplace should be dealt with as a disability or be treated as an incapacity by employers. Substantiate your opinion with reference to relevant legislation and case law in your answer.
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