Reference no: EM133460181

Case Study: Matlakala is employed by SnownDeep Inc, as an HR Trainee. She has been medically diagnosed with severe anxiety disorder which sometimes induces temporary paralysis in the event that she suffers a nervous breakdown. She, however, receives medication for the anxiety disorder and has been able to perform her work without incident. In March 2022, Matlakala confided in Amogelang, a fellow HR Trainee, about her anxiety disorder diagnosis. In July 2022, Matlakala and Amogelang had a heated and unpleasant argument which inevitably caused animosity to develop between them. Amogelang used what Matlakala told her in confidence to spread malicious rumours about her and to humiliate and degrade her. This behaviour persisted for many weeks and Matlakala began to feel increasingly uncomfortable about coming to work. Throughout the course of Amo's verbal and nonverbal abusive conduct towards her, Matlakala reported the incidents to her Line Manager numerous times to no avail. In September 2022, after weeks of verbal and non-verbal abuse from Amogelang, Matlakala eventually suffered a nervous breakdown which induced temporary paralysis and had to be admitted to Steve Biko Academic Hospital. As a result, she was unable to work for one week. However, following her recovery, the Line Manager ordered Matlakala to submit herself for testing to 'check her mental fitness' for the HR Trainee position to be conducted by the SnowDeep's HR Manager. Matlakala refused to do so. She insisted that she does not have to submit herself to the supposed 'mental fitness testing' because she was mentally fit for the job and only suffered a nervous breakdown as a result of the persistent abuse at the hands of Amogelang. Moreover, she had reported the abusive conduct to the Line Manager many times beforehand in accordance with company policy and he did not do anything to stop it. The Line Manager is threatening to initiate dismissal proceedings against her if she does not appear for her scheduled appointment to undergo the mental fitness testing. Matlakala now approaches you for legal advice over these challenges that she is currently facing. She intends to sue her employer, Snowdeep Inc, for unfair discrimination.

Question: Assist Matlakala by identifying and explaining the unfair discrimination challenges she has been subjected to and comment on her prospects of success in her lawsuit against her employer.