Le Franschhoek Hotel (Pty) Ltd employed Mr Glenford Ferus as an executive chef in a senior management position. In January 2019 a serious fire broke out in the hotel kitchen while Ferus was off duty. He rushed to the scene, took control as safety officer, and assisted in containing the fire, which caused extensive damage. Following the incident, Ferus developed serious mental health conditions including major depression, anxiety, panic attacks and symptoms linked to the trauma of the fire. Medical experts linked his condition directly to the workplace incident and recommended treatment, light duties, reasonable accommodation and ultimately inpatient psychiatric care. Ferus was absent intermittently and later on extended sick leave while undergoing treatment. Despite medical opinions that his incapacity was temporary and that he could return to work with support and accommodation after treatment, Le Franschhoek convened an incapacity hearing and dismissed him on grounds of incapacity in December 2019. Ferus referred an unfair dismissal dispute to the CCMA, where the commissioner found the dismissal substantively unfair and awarded six months’ compensation. Le Franschhoek brought an unopposed review application to the Labour Court to set aside the arbitration award.