Mental health in the workplace
Are employers responsible for their employees' mental health?
30 years ago, mental health was pretty much a taboo subject in the workplace, never discussed, except maybe in hushed tones at the water cooler. There was a stigma attached to it. There was minimal - if any - legal protection for employees suffering from mental illness, and actual support was the (rare) exception, rather than the rule.
Thankfully, the corporate world is showing signs of evolving in terms of empathy, compassion, inclusion and acceptance. Today, there’s a growing trend towards discussing mental health openly, and reducing the stigma. More and more companies are offering benefits like mental health programmes, counselling, stress management workshops and other resources. Things like wellness events and ‘mental health days’ are becoming more commonplace and there is much stronger legal protection in place for employees with mental health conditions.
But how responsible should companies be for their employees’ mental health?
Is it enough to be supportive and understanding when mental health challenges arise, or should companies actively empower their people with strategies, tools, resources, and education to help them manage their mental health better?
Is it enough to ensure an environment that does not exacerbate mental health issues by expecting people to work themselves into the ground at the expense of everything else, Wolf-of-Wall-Street-style? Or should companies strive to create a calm, nurturing, connected and stress-free working environment?
And what happens if mental health makes an employee unable to work for an extended period? Should they be given unpaid leave, paid compassionate leave, or is it fair to “let them go” if it happens too often?
Perhaps it depends on the size of the company, or how long the employee has been there? Maybe it depends on the company culture, or who’s in charge and what their vibe is.
Legally speaking, today’s laws tend to protect employees from discrimination based on mental health conditions. In South Africa, employers are encouraged to eliminate the stigma associated with mental illness and to help employees going through mental health challenges. Important to note is that if an employee's mental health condition qualifies as a disability, it triggers certain protections for the employee, and obligations for the employer.
South African courts have consistently ruled in favour of protecting employees with mental illness.
In Strydom v Witzenburg Municipality (2012), the court found the dismissal of the employee due to mental illness unfair, because the employer failed to adapt working conditions or find alternative positions for the employee.
In L S v CCMA (2014) the courts ruled in favour of the employee, emphasising that mental illness is incapacity, rather than wilful underperformance.
Marsland v New Way Motor (2008) highlighted that discrimination based on mental illness is actually an affront to human dignity, which is protected by the constitution.
Jansen v Legal Aid SA (2019) stated that it is the employer’s duty to accommodate disabilities that are known to them.
Law aside, the question becomes a moral one – what’s “the right thing to do” when an employee is struggling with their mental health to the point that it’s affecting their performance at work?
But let’s take a step back and look at ways companies can put measures in place to help employees manage their mental health, before it becomes a major challenge for the employee.
Having fair and mental-health-aware policies and procedures in place, including leave policies and access to counselling and/or therapy.
Access to mindfulness-based stress reduction (MBSR) programmes to help them manage stress and anxiety.
Offering confidential counselling services, and other resources like financial and legal support to help employees navigate personal challenges that cause them stress and fuel their mental health challenges, for instance debt or a messy divorce.
Creating a culture of open communication, where employees have regular check-ins, either in teams or one-on-one to help identify and address mental health issues early.
Setting up designated meditation / silent / rest rooms, where employees can take a break from the work environment for a bit.
Paying for gym memberships, yoga classes or other movement-based activities, and offering free access to apps that offer tools for managing anxiety or depression.
While the law certainly favours the employee in terms of discrimination, and termination of employment due to mental health challenges, it seems it’s up to the company what they choose to do to educate, raise awareness and help mitigate mental health issues through the support they offer.
What’s your take on the matter?
