Mental Health in the Workplace

Vince Scopelliti - Wednesday, September 26, 2018

Making sure that your staff are fit and healthy, enabling them to perform their duties at an optimal level, forms an essential part of being an employer of choice. But beyond ensuring that your staff are physically capable, it is essential to also look after their mental wellbeing. 

Underestimating the importance of mental health in the workplace is likely to have lasting impacts on your workers, your business and clients. 

OHS legislation requires employers to provide a safe and healthy work environment for all workers, which does not cause ill health or aggravate existing conditions.

In a series of articles, we'll examine the impact of mental health issues in the workplace, how to take appropriate steps to support staff suffering these conditions, and how you can promote mental wellness in your organisation. 

WHAT IS mental health?

Mental health is about emotional, psychological and social wellbeing. For an employer, this means keeping an eye on whether your staff are struggling to keep on top of things inside and outside of work, and taking steps to assist them with dealing with any difficulties that may be impacting their productivity. 

There are many types of mental illness, including depression, anxiety, obsessive compulsive disorder, personality disorders (such as borderline personality disorder), bipolar disorder, and schizophrenia.

the scope of the issue

According to the Australian Human Rights Commission (AHRC), around 45% of Australians aged between 16 and 85 will suffer from the symptoms of mental illness at some point during their lives. In any given year, one in five adults will deal with a mental illness. 

Some workers will commence their employment already suffering from symptoms of mental illness, while others may develop their mental illness while at work. 

In many cases, the mental illness will develop separately from circumstances in the workplace. In others, a negative or "unhealthy" work environment will contribute to staff developing mental health issues or may exacerbate underlying conditions. 

Some factors which can contribute to poor mental health in the workplace include job stress, poor workload management or unrealistic deadlines, poor communication, bullying and an overall lack of support.

the impact of poor mental health

Research shows that the cost to business of failing to pay proper attention to mental health is significant. 

The AHRC reports that workers compensation claims relating to stress and associated mental illnesses cost Australian businesses $10 billion every year. The failure of businesses to recognise the potential impact of mental health issues and failure to implement preventative or remedial measures such as early intervention, has been estimated to cost over $6.5 billion per annum. 

Absenteeism due to mental illness is another issue, with an estimated 3.2 days lost each year per worker. 

The difference between job stress and psychological injury

When it comes to identifying mental health issues in the workplace, there is a difference between work stress and psychological injury. 

Psychological injury includes behavioural, cognitive and emotional symptoms which have the potential to significantly impact a worker's ability to perform their job and interact with co-workers. 

This can be distinguished from job stress, which is generally a reaction to a specific situation which can be resolved, and is not a standalone injury.

To disclose or not to disclose 

In some circumstances, it is important for employees to disclose their mental health status. This is particularly the case if they are taking medication which could affect their ability to perform their usual employment, or if there are general concerns about safety or interactions with other staff. 

An employer has an obligation not to discriminate against staff because of their physical or mental attributes, including their mental health.

Managing and supporting mental health in the workplace

Employers can provide support by having guidelines in place for how to talk to a worker who has disclosed that they are suffering from mental health difficulties, and how employees can adjust to dealing with a colleague with a mental health issue. 

It's also essential for employers to know how to address performance concerns involving employees who are experiencing mental health struggles, without discriminating or taking ill-considered disciplinary steps.

Creating a safe and healthy workplace for all

This starts with non-discriminatory employment practices and implementing long-term strategies to promote a healthy culture and a positive workplace where staff feel they are making a meaningful contribution to an overall goal, are supported and happy to come to work. 

It's also important to create direct services to assist workers with mental health issues who require support and adjustments in the workplace. According to the AHRC, every dollar spent on identifying, supporting and managing workers' mental health issues, yields nearly a 500% return in increased productivity. 

It is highly likely that at least one worker in your workplace will, at some point in time, have a long or short-term mental illness. While you do not need to become an expert in mental health, having a better understanding of what mental illness is (including its possible effects on a worker) enables you to be more effective in handling issues that may arise.  

Can You Deny Access to Workplace Investigation Documents?

Vince Scopelliti - Wednesday, July 18, 2018


Parties involved in a workplace investigation will often wish to gain access to documents that form part of the process. A difficult question for investigators is when - or if - it will be appropriate to release particular information. The reason for the request and the nature of the information will be key considerations, plus the investigator must find the best way to ensure that the access process is fair and transparent. As a recent case involving Australia Post reminds us, investigators need to carefully consider any decision to deny access to workplace investigation documents.

When to disclose information 

During the course of a workplace investigation it is entirely appropriate to keep parties informed of progress. In many cases, it will be quite simple to provide general information that keeps parties up-to-date, yet preserves any necessary privacy boundaries. One regular complaint from those under investigation is that they were 'kept in the dark' at every turn of the process. However, overt secrecy is often not necessary; disclosing information about delays, the nature of inquiries and the broad substance of allegations for example will generally not be problematic.

Another situation where information will need to be provided is when the investigator is required to do so by law. This could include as a response to a subpoena, summons or other court / police request, and should be responded to promptly.

Why should information be disclosed?

In many ways, it is simply professional best-practice to keep stakeholders informed of the progress of an investigation.

One specific advantage in providing regular updates and briefings is the effective management of expectations. Investigations can leave people feeling anxious, and the process can become impeded if individuals are forced to continually complain about non-disclosure. By regularly providing information about the scope, goals and process of the investigation, the 'temperature' in the workplace can be kept under control.

Providing information is also necessary to ensure transparency and accountability. The investigative process should, as far as possible, be able to withstand outside scrutiny both during and following completion. If it is later revealed that one party received greater assistance or exposure to materials than another, the chances of utilising the investigation outcomes will be greatly reduced.

A case in point

In the case of 'LC' and Australia Post (Freedom of information) [2017] AICmr 31, an employee made an FOI request for information relating to a workplace investigation.

Australia Post declined the request on the basis that the material was exempt according to the 'personal private information' exemption under s47F of the FOI Act. However, the commission found that the exemption does not apply to information that is likely to have a 'substantial adverse effect' on a person subject to investigation.

Investigators must ensure that the process remains transparent, and that any and all decisions to prevent disclosure are carefully considered in accordance with the legislation.

ensuring procedural fairness

One common mistake made by new workplace investigators is to see procedural fairness as a lightweight idea without much application in the real world. We know from experience that nothing could be further from the truth. Those under investigation deserve to know the nature of allegations made, to be given the opportunity to be properly heard, to have a support person if needed, to be questioned by an unbiased individual, and of course to have all relevant evidence considered in the decision. Disclosing information in an appropriate way, and at the right time, can certainly assist the overall fairness of the process - and prevent problems in the future.

When not to disclose

Although transparency and fairness are important elements of the workplace investigation, there are times where information should certainly not be disclosed. The right to privacy might require the investigator to protect information such as addresses, sensitive personal material or intellectual property matters as examples.

Further, it might be necessary to redact documents in order to protect anonymity or to withhold certain aspects of an allegation. However, overall investigators must ensure that a party is not substantially disadvantaged by the non-disclosure - a fine balancing act indeed.

The Australia Post case confirms our own experience in conducting fair workplace investigations. We certainly know that each situation will depend upon the particular facts when it comes to disclosing information to the parties involved.

If you need assistance on whether or not to disclose information during an investigation process, WISE provides supported investigation services and are here to help.