When work harms your wellbeing: Legal protections for mental health
Understanding your legal rights for mental health support in the workplace.
Image: Freepik
May is recognised as Mental Health Awareness Month—a time dedicated to increasing understanding of mental health issues, reducing stigma, and encouraging support for those affected. It serves as a vital reminder of the importance of mental wellbeing and the collective responsibility to foster healthier, more compassionate environments at work and in wider society.
The World Health Organisation (WHO) highlights that poor working conditions such as discrimination, inequality, excessive workloads, poor management, and job insecurity can significantly harm employees’ mental health.
“An estimated 12 billion working days are lost globally each year to depression and anxiety, costing $1 trillion in lost productivity,” the WHO reports. “However, effective measures exist to prevent mental health risks in the workplace, protect and promote mental wellbeing, and support employees with mental health conditions.”
But what legal options are available if your workplace has caused you to develop anxiety, depression, or another condition that prevents you from working effectively or enjoying your life?
According to Labour Guide, it is possible to take legal action in extreme cases—particularly when there is strong documentation and professional legal counsel.
Legal experts Jacques van Wyk, Andre van Heerden, and Chelsea Roux from Werksmans Attorneys stress the importance of recognising and supporting mental health challenges in the workplace. They cite the case of Jansen v Legal Aid South Africa as a clear example of what not to do when handling such matters—and the consequences that can follow.
Mr Jansen, a paralegal at Legal Aid South Africa, was reportedly an excellent employee until he was diagnosed with major depression in 2010. He was hospitalised and prescribed antidepressants, and his employer was given a medical certificate confirming his diagnosis.
Jansen also requested to join the organisation’s wellness programme and was eventually referred to a clinical psychologist. The psychologist’s report noted that Jansen was experiencing burnout and frustration, recommending swift action to improve his work environment. However, the employer failed to follow through, and Jansen’s requests to discuss his situation with management went unanswered.
His mental health deteriorated further, and he began to isolate himself. In November 2013, his manager delivered a disciplinary hearing notice to his home. Jansen was charged with unauthorised absence, violating company rules, insubordination, and refusing to follow instructions.
During the disciplinary hearing, Jansen admitted the charges but cited his mental health as a defence. The chairperson, however, rejected his explanation, stating there was insufficient medical evidence, even after Jansen submitted an updated psychological report. The employer refused to reconsider the case.
In February 2014, despite Jansen’s further representations, the employer upheld the recommendation for dismissal.
Jansen subsequently took the matter to the Labour Court, claiming his dismissal was automatically unfair under the Labour Relations Act and discriminatory under the Employment Equity Act. He argued that his depression—considered a disability—was the main reason for his dismissal.
The court ruled in Jansen’s favour, stating the employer failed in its duty to accommodate his condition. Instead of conducting an incapacity hearing, they treated his illness as misconduct. The court found his actions were directly linked to his mental health and that he would not have been dismissed otherwise.
The court ordered Jansen’s reinstatement with full back pay and compensation equivalent to six months' wages.
This case highlights that mental health conditions, though often invisible, should be treated with the same seriousness as physical health issues. As an employee, you have the right to fair treatment and support in the workplace.
IOL News