As the new year begins, now is the time for businesses to refocus on employee wellbeing, a cornerstone of workplace success. Mental health has become an integral part of discussions on occupational health and safety, compelling South African employers to adapt and ensure compliance with evolving legal and ethical standards.
Mental health and legal compliance
South African labour laws now recognise mental health as a critical aspect of workplace safety. Employers are required to minimise risks to employees’ mental wellbeing as part of their obligation to provide a safe work environment. This mandate is outlined in legislation such as the Occupational Health and Safety Act (OHSA), and supported by frameworks like the South African National Standard (SANS) 45001.
Key employer responsibilities include risk management – implementing structured measures to address mental health risks in the workplace, as well as ensuring mental health considerations are part of overall occupational safety efforts. Neglecting these responsibilities can lead to legal consequences, including penalties for non-compliance.
The impact of mental health on productivity
Mental health challenges such as stress, burnout and anxiety can significantly affect workplace dynamics. These issues contribute to absenteeism, diminished performance and even workplace incidents, underscoring the need for proactive measures to support employees.
Employers must integrate mental health considerations into performance management systems. For instance, when assessing performance or addressing capacity concerns, it is essential to explore whether underlying mental health issues are contributing factors. Ensuring fair processes is not only a legal requirement but also a key step in fostering trust and support within the workplace.
Fair practices and accommodations
When mental health issues affect an employee’s ability to work, employers must adhere to fair practices, as outlined in the Code of Good Practice on Dismissal.
These steps include:
- Evaluating whether the employee can continue in their current role or transition to another position
- Considering reasonable adjustments to accommodate their needs and enable continued employment
Dismissals for incapacity should only occur after exploring all reasonable accommodations. Failing to follow this process could result in claims of unfair dismissal.
Preventing mental health-related harassment
Workplace policies must also address harassment linked to mental health conditions. The Employment Equity Act prohibits discrimination and harassment based on psychological wellbeing, emphasising the need for inclusive workplace practices.
Employers can foster a respectful and supportive environment by:
- Establishing clear policies against harassment
- Offering regular training to staff on respectful workplace behaviour
- Providing confidential mechanisms for reporting and addressing complaints
Building resilient and inclusive workplaces
Proactively addressing mental health not only ensures compliance but also contributes to a more engaged and productive workforce. Employers can use tools like SANS 45001 and global best practices to create a culture that values employee wellbeing. This commitment to mental health can transform workplaces into supportive, sustainable environments where both employees and businesses thrive.
At HRTorQue, we assist businesses in meeting HR compliance standards and aligning workplace practices with legal requirements. From policy development to compliance audits, our services are designed to help you prioritise mental health and foster a happy and healthy workplace culture. Contact us today for more information.