Mental Health Awareness Week: A Focus On New Zealand Employment Law

Barbara Buckett

It’s Mental Health week; a timely reminder that work environments need to be safe and healthy; free from pressures and stressors that cause psychosocial harm.

We at Buckettlaw are observing an increase in mental health issues arising in the workplace from an under appreciation by workplaces to callout inappropriate behaviour work when they happen, work overload, stress and abuse of power.

Toxic workplaces damage and harm the wellbeing of their employees and threaten their wellbeing and in some cases their lives.

The way messages are communicated and the consideration of how those messages are received also important.

Employers ought not to second guess the resilience or otherwise of their employees. Constructive engagement means accentuating the positive not the negative.

What is happening at home for an employee is important to the timing, delivery and execution of any managerial decision. Health and safety are paramount, and the employer must take the employee as they find them.

Performance reviews and disciplinary processes must factor in foreseeable health and safety considerations.       

Mental Health Awareness Week is an important opportunity to highlight the significance of mental health in the workplace. In New Zealand, employers have specific legal obligations to support the mental well-being of their employees.

Legal Framework

Human Rights Act 1993: This act prohibits discrimination based on disability, which includes mental health conditions. Employers must provide reasonable accommodations to employees with mental health issues, ensuring they can perform their job duties effectively.

Employment Relations Act 2000: Employees are entitled to take sick leave for personal illness, which includes mental health issues. This act ensures that employees can take time off to manage their mental health without fear of losing their job.

Health and Safety at Work Act 2015: Employers have a duty to ensure the health and safety of their employees, which includes mental health. This involves monitoring workloads, addressing workplace stress, and creating a safe and supportive environment.

Creating a Supportive Workplace

Mental Health Policies: Implementing clear mental health policies is crucial. These policies should outline the support available to employees, procedures for requesting accommodations, and the steps the company will take to address mental health concerns.

Training and Awareness: Providing training for managers and employees on mental health awareness can help reduce stigma and promote a culture of understanding. Awareness programs can educate staff on recognizing signs of mental health issues and how to seek help.

Employee Assistance Programs (EAPs): EAPs offer confidential counselling and support services to employees dealing with mental health issues. These programs can be a valuable resource for employees seeking help without fear of judgment.

Flexible Work Arrangements: Offering flexible work arrangements, such as remote work or adjusted hours, can help employees manage their mental health more effectively. Flexibility can reduce stress and improve overall job satisfaction.

Mental Health Awareness Week serves as a reminder of the crucial role of employers in mental health in the workplace. Work is a significant part of an employee's life.

Employers should create a supportive environment that promotes the well-being of their employees.

Prioritising mental health not only meets legal obligations but also enhances productivity, reduces absenteeism, and fosters a positive workplace culture.

And after all be kind. Treat everyone as you would want to be treated.

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