Mental health awareness in the workplace is increasingly becoming a labour issue which needs to be dealt with the necessary sensitivity towards employees, while balancing the operational needs of employers.
With Mental Health Awareness Month being observed in SA in October, and in light of a recent judgment (Abel v University of Stellenbosch) where the employee was dismissed despite having been diagnosed with a mental illness, and where the labour court had agreed with the dismissal, this is a topic that many employers and employees may come across in the workplace.
Maintaining operational efficiency is critical for the survival of most organisations, more so than ever in the current Eastern Cape economic climate.
A company or organisation’s operational needs must be balanced delicately with consideration and awareness of the increasing mental health challenges experienced by South Africans.
Due to privacy issues and prevailing stigma associated with mental illness, the research on mental health in the workplace is sparse, particularly regarding statistics for the Eastern Cape.
International research (Annual Mental State of the World Report 2024 and 2023 by Sapien Labs), however, puts SA (along with Brazil and the UK) at having the greatest proportion of respondents who are “distressed or struggling” compared to the rest of the world (about 34-35% of people in SA).
It is therefore no surprise that SA employees often take leave or long-leave stating mental incapacity to do their work.
This puts huge pressure on employers, who continue to pay the employees a salary, without any work being delivered.
Employees should always be mindful of the performance targets they are expected to meet.
SA labour law rightly offers protection for employees facing ill health , through the Employment Equity Act, Labour Relations Act and the Occupational Health and Safety Act.
However, mental health concerns result in huge losses in productivity for employers each year, and with the human resource gaps at smaller businesses, the impact on operations could be huge.
In addition, workplace morale can suffer since absentee employees may place additional pressure on other staff members who need to meet the operational needs of the organisation.
Based on recent legal findings in favour of the employer, it is imperative for employers to comply with steps to reasonably accommodate employees who suffer from mental illness in the workplace, especially where the illness may be linked to poor performance.
Where an employee cannot be accommodated, a dismissal may be rendered to be fair.
The true reason for performance concerns by employees should be evidence-based.
It requires a delicate balance between addressing the performance concerns and remaining supportive in relation to the employee’s mental wellbeing.
To avoid the unpleasant nature of such labour disputes, employers should strive to create supportive work environments, with clear policies and procedures in place.
Some additional strategies employers can consider to manage mental illness in the workplace are awareness programmes (for staff and managers), encouraging work/life balance, robust employee engagement and mental health training for staff at all levels.
- Dr Luvuyo Bono, adjunct professor of law at Nelson Mandela University, has a Doctorate in Labour Law (LLD) (NMU 2023). He was admitted as an advocate of the high court in 2000 and has contributed to key labour law legislation in SA. He is the board chairperson of the Coega Development Corporation and writes in his personal capacity
The Herald