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It’s not just about physical safety anymore; it’s about making sure our minds are healthy too. As employers face a storm that requires a truckload of agility, they need to both look after their own mental health and provide a safe environment for their employee’s mental well-being. This article contains some free resources for employers to do just that.
As we are all aware, employers have a big responsibility under the law to keep the workplace safe, and that includes mental health.
The Health and Safety at Work Act 2015 outlines that businesses have to do their best to ensure that the workplace is safe, including looking after mental health.
Think about it like this: if someone breaks their arm at work, everyone knows they need help. It’s visible. But when someone’s feeling down or anxious, it’s not always easy to see.
What does good mental health look like in the workplace?
In 2022, Worksafe New Zealand conducted a qualitative, exploratory research project to understand more about what good mental health looks like in the NZ workplace.
We’ll provide a brief overview here, but the research also focused on what good mental health at work looks like for workers in specific industries (healthcare, construction, and manufacturing) and amongst specific worker groups (young workers, Māori, and Pasifika).
They emphasise that because the sample size was small, the results are not intended to be generalisable but rather used as a starting point.
You can find the full results here.
The research found eight broad categories of protective factors that contribute positively towards their work-related wellbeing:
Note: these protective factors are taken directly from Worksafe’s work-related wellbeing research summary.
- Organisational culture: A health and safety-focused organisational culture which is role modelled by managers and leaders, and where workers are aware of and adhere to relevant health and safety regulations.
- Leadership: Leadership (including managers) who promote and role model good health and safety practices, cultivate high-trust environments through open and transparent communication, and are understanding of and responsive to workers’ needs.
- Interpersonal relationships: Supportive interpersonal relationships with co-workers and leadership.
- Recognition and reward: Monetary recognition and reward for performing work.
- Career development: Adequate levels of training and continued opportunities for professional development and career progression.
- Workload: Manageable workloads, achievable deadlines, and autonomy to manage work/life balance within the role.
- Physical work environment and equipment: A safe and comfortable physical work environment and safe equipment.
- Worker/job fit: Workers performing jobs which are a good fit for them in terms of their skills, experience, needs, and personal attributes.
Cautionary workplace mental health tales for employers
Case law from Australia and New Zealand outlines the costly implications of not adhering to this duty of care to provide a safe work environment, including mental health.
Case 1: Robinson v Western Union Business Solutions (Australia)
Robinson v Western Union Business Solutions (Australia) Pty 2018 saw the court awarding $140,000 (AUD) in compensation and $20,000 (AUD) in penalties. The court concluded that the employee’s termination was linked to workplace-induced depression and anxiety.
Mr. Robinson, an account executive, had been away from work for nearly eight months due to stress, anxiety, and depression related to his job. Western Union repeatedly asked him to provide updates on his return and attend a medical assessment, which he initially refused but later agreed to. However, the company never scheduled the assessment and eventually terminated his employment in May 2017.
Western Union cited reasons such as Mr. Robinson’s uncertainty about his return date, failure to cooperate with medical advice requests, and doubts about his ability to return to work as grounds for termination. However, the Federal Court ruled that the decision to terminate violated the Fair Work Act 2009 by discriminating against Mr. Robinson based on his mental disability.
The court also dismissed Western Union’s argument about the “inherent requirements” exception, stating that the company failed to prove Mr. Robinson’s inability to fulfil his job’s essential duties.
This ruling underscores the challenges employers face when dealing with unwell employees. Before letting go of such employees, including those with mental health issues, employers must take reasonable steps to assess their fitness for work and capability to perform their job’s essential tasks.
Case 2: Cronin-Lampe v Board of Trustees of Melville High School
On this side of the Tasman Cronin-Lampe v Board of Trustees of Melville High School 2023 were a married couple that provided counselling services to a high school and were awarded a total of nearly $1.8 million in damages which covered loss in income, medical expenses, and the losses from having to sell a rental property because of financial difficulties.
During their time at the school, they faced a lot of tough situations, including around 32 deaths, many of them by suicide, in the school community. They worked hard to support students, families, and teachers through these tough times, but they didn’t get the support they needed from their employer.
Conclusion
When dealing with performance issues and mental health concerns, employers need to be careful.
If an employee’s mental health issues are known or arise during a process, consider if medical information is needed before proceeding. Sometimes, pausing the process is necessary.
If you need help with health-related employment issues, reach out. Every situation is different, but there are practical and fair solutions for both sides.
Where to get help
Directory for free advice
Blueprint – Blueprint have a number of course offerings for employers that are looking to upskill and learn how to support their employees. These courses include a MH101, leading wellbeing at work, stress, resilience & wellbeing
Healthline – 0800 611 116. Free support line for people experiencing mental health issues
Lifeline – 0800 543 354. Free, confidential mental health support 24/7 run by the Mental Health Foundation of New Zealand. Their website also has a number of resources for promoting mental wellbeing
Mates in Construction – 0800 111 315. Free support line for people in the construction industry facing health issues. They also have a pamphlet on how to have a conversation with someone facing mental health issues
Anxiety.org.nz – 0800 269 438. Free helpline for people living with anxiety and other mental health experiences in New Zealand
Gumboot Friday – Text or call 1737 24/7 – Free counselling for those 25 and under
Do you need support to understand or improve the wellbeing of your workforce?
Our HR experts are here to help. Get in touch to discuss your options.