MANAGING MENTAL HEALTH IN THE WORKPLACE | Pretorius Davies Incorporated Attorneys

According to statistics published by the South African Depression and Anxiety Group (SADAG) website 1 in 3 employees have been diagnosed with depression, 80% of employees take time off as a result of their depression, 75% of respondents in a survey indicated that they could not thinking about work even when not at work.[1] Naturally, there will be employees who also have mental health struggles which do not fall within the scope of depression which results in even higher rates of employees living with mental health problems. According to the World Health Organization’s statistical report for 2021, self-harm is listed in the top 10 causes of death within men in South Africa.[2]

These statistics indicate that mental illness is very common and will have an impact on employees in most workplaces, whether or not employers and colleagues are aware of it as it is commonly not disclosed or discussed as a result of the stigma which exists and the fear of discrimination if it is disclosed. The Labour Court in the matter of Mogomatsi v Goredema N.O. and Others[3] commented that:

[11] The prevalence of stress and mental ill-health in the workplace is a phenomenon that requires comprehension and acknowledgment and should not be stigmatized.

From a business perspective, it is in the interest of employers to have staff who are healthy (mentally and physically) and are productive, motivated and resilient. It is therefore in the interest of the business to foster a healthy working environment.

Employers and employees alike are often not equipped to handle mental health struggles and often do not know where to turn for help. The SADAG website (www.sadag.org) has a wealth of information and contact options for different things, from 24-hour crisis helplines, free support groups to workplace assistance programs and workshops.

It is important to appreciate that mental health conditions may be chronic conditions or they may be conditions that develop as a result of something that happens to the employee, such as work-related stress or burnout which leads to depression and anxiety. It is therefore important for employers to be aware that employee’s mental health struggles may be directly related to their employment.

A useful example for consideration is found in the matter of Le Franschhoek Hotel v Commission for Conciliation, Mediation and Arbitration and Others[4]. The factual background is that the employee in question was a executive chef responsible for the restaurant at the Le Franschhoek Hotel. He developed mental health conditions as a result of a fire which occurred at the Hotel which could have destroyed the hotel had it not been for the action of staff, led by the employee, who fought the fire before the fire department arrived. The employee’s life was significantly impacted as a result of the anxiety, lack of sleep and panic attacks that were experienced. Assistance was sought and a medical report was provided to the employer indicating that the employee would need treatment and accommodation within the workplace would be necessary but that he could ultimately return to his full responsibilities.

The employee was given time off to obtain treatment but thereafter was ultimately dismissed by the employer based on incapacity. The employee had wanted to return to work, with assistance and accommodation as recommended by the professionals that treated him, until he was able to fully resume his former role in due course. The employer unfortunately did not offer the accommodation or assistance to the employee, electing to dismiss him because he was unable to resume his full role and responsibilities. The dismissal was found to be unfair and the employee was awarded 6 months compensation. Emphasis was placed on the additional obligations to accommodate employees who are suffering as a result of a work related incident.

The Code of Good Practice: Dismissal (2025) provides guidance to employers who are faced with situations where they have to handle incapacity issues relating to ill health, injury or incompatibility. The Code specifically sets out that it is a guideline and further indicates that in the case of small businesses their obligations are limited to what is practical and feasible to the business. The fairness of how a particular situation is handled will be judged based on its particular facts and circumstances.

Item 21 of the Code specifically requires employers to consider if an employee is incapacitated as a result of work-related circumstances and if so the duty on the employer to accommodate the employee is more onerous than it would otherwise be. The extent of the incapacity, whether it is permanent or temporary and all possible alternatives should be considered prior to dismissal.

Although an employer has obligations to assist and accommodate employees with mental health problems these obligations are limited to what is within reason. Mental health conditions should never be misused by employees to attempt to justify unacceptable behaviour. Employees will remain accountable for their actions within the working environment and action can be taken against employees who fail to meet the standards expected of them.

The 2025 Code of Good Practice: Dismissal can be downloaded