Managing Mental Health at Work

By Dhevarsha Ramjettan, Nivaani Moodley, Siya Ngcamu & Shane Johnson from Webber Wentzel

Managing mental health related issues in the workplace can be tricky. Employers need to be aware of treating employees facing these challenges carefully and fairly, working with, rather than against, them on their journeys to finding balance and healing.

It’s no surprise that poor mental health can lead to decreased productivity and work performance; poor working relations amongst colleagues; and increased absenteeism

It also comes as little surprise that, over the last few years, employers have experienced a significant increase in the number of individuals suffering from mental health challenges at work. It is at times like these that working conditions, workloads, and leadership styles need to be examined more carefully in order to nurture a safe, positive, and inclusive working environment.

According to The World Health Organisation, approximately 350 million people suffer from depression around the world. Closer to home, it is estimated that around 27% of South Africans suffer from the potentially debilitating illness.

It is also estimated that employee absenteeism on account of depression costs the South African economy approximately R19 billion annually

From a labour law perspective, the Labour Appeal Court (LAC) in the Legal Aid South Africa v Jansen judgment of 2020 accepted that depression should be looked at as a form of ill health within the workplace environment.

In terms of managing employees struggling with their mental health at work, forward-thinking companies and employers should adopt a proactive approach that includes:

• Educating employees on mental health challenges and how they may impact their work performance or conduct in the workplace

• Training managers on how to identify signs of these struggles from employees at an early stage to provide the necessary interventions as soon as possible

• Supporting employees by maintaining regular communication with them

• Encouraging employees to seek professional treatment and group support, and to use their annual leave to rest and recuperate

Notably, employers should guard against disciplining or prejudicing those who suffer from mental health related issues. When an employer identifies any sign of this, they should first consider an informal approach in assisting (as far as is reasonably practicable). This may include granting the individual some time off in the form of sick/annual leave and/or providing counselling to the employee. Some companies have established Employee Assistance Programmes to support those who are struggling. These programmes will not only be beneficial to employee well-being, but will also maintain good work performance and positive conduct in the workplace. For companies or employers without formal programmes in place, support is available from institutions like the South African Depression and Anxiety Group (SADAG)

Many people suffer in silence, afraid to disclose their mental health challenges for fear of being prejudiced or stigmatised in the workplace. To alleviate these fears, it is important to create an environment that is free for employees to disclose their struggles before they start to have a negative impact on work performance or result in inappropriate conduct in the workplace.

Where a mental health related issue persists and consequently impacts on work performance and conduct, termination due to incapacity can become an unfortunate reality. Insofar as depression is concerned, the LAC in the Jansen judgment expressed that depression which results in an employee becoming incapacitated may be a legitimate reason for terminating the employment relationship, provided that a fair procedure is followed by the employer. The Code of Good Practice: Dismissal places an obligation on an employer to ascertain whether an individual can perform the work for which s/he was employed. If the employee is unable to carry out their normal duties fully, the employer must establish the extent of the employee’s incapacity and its likely duration.

That said, in the Jansen judgment, the LAC confirmed that if an employee is temporarily unable to work for a prolonged period due to depression, the employer must investigate and consider alternatives short of dismissal before resorting to this option. If the depression (or other mental health issue) is likely to impair the employee’s performance permanently, the employer must first attempt to reasonably accommodate the employee’s disability. This may include ascertaining whether alternative work can be found for the individual, even if it is at reduced remuneration.

In addition to the above, procedural fairness entails that the employee has been properly counselled and that the impact of their mental health issues on their performance or conduct has been discussed with them. An employee must also be provided with a fair opportunity to contest the employer’s conclusions about their mental health issues.

At the end of the day, the responsibility lies with both employer and employee to remain aware of the potentially damaging effects of mental health challenges in the workplace; to exercise proactivity in the treatment thereof; and to ensure that a fair conclusion is reached that will be for the best for both the health of the company and the individual.