Functioning at Work

Apply the Legal Framework ^[1,2]

• The Employment Relations Act (ERA) aims to build productive employment relationships, which will change in response to changing needs and conditions.
• The ERA recognises that although there may be different employment interests, there are common grounds in the viability and success of all organisations.
• The ERA is underlined by the concept of good faith, meaning that employers and employees are not allowed to mislead or deceive each other.
• Employers are obliged to:
  • Provide information that is not misleading.
  • Provide employees with access to information that may affect their employment.
  • Allow employees the opportunity to consult, prepare, and comment before decisions affecting them are made.
  • Allow employees to have support people present if wanted.

Beware of Unconscious Bias ^[3]

People are often uncomfortable talking about mental health problems at work because:

• A reference to a workers mental health may be seen as a form of criticism.
• Discussing mental health problems is viewed as inferring weakness or unreliability.
• A lack of understanding means mental illness can be less visible than physical illness.
• A lack of confidence or knowledge around dealing with mental illness  may leave people feeling out of their depth.
• Managers may feel a workload has contributed to mental health problems.
• There is a traditional belief that people need to deal with their health problems  outside of their employment. “Don’t bring your problems to work.”

As a result the issue can stay hidden, or secondary issues become the ‘problem’. 

Demonstrate Inclusive Practice ^[4-6]

• Make conversations about staying mentally well part of the routine at work.
• Apply the principles of good management to communicate with employees with mental health problems , including:
  • Knowing your staff and talking to them openly and honestly.
  • Being able to identify issues early, and having a good overview of what support and assistance you or your company can provide.
• The focus needs to be on job performance rather than mental health problems, including:
  • Having an open and honest relationship between the employer and employee.
  • Raising employment issues with the employee when necessary and being aware that all employees will have their issues at various times, not just those with mental health problems.
  • There may be a need to be slightly more aware of people’s requirements and respond in a meaningful way by providing support and having the right skills to do so.
• To ensure the right issues are addressed and the most effective changes are made it is critical to obtain staff participation in the process of analysing employment areas.

People generally know how to deal with physical injuries, but feel unsure and lack confidence in dealing with mental health issues. A starting point to manage mental health problems  in the workplace is effective communication with employees to develop an open culture where employees feel able to discuss their problems.^[3]

^References:

^[1] Ministry of Business, Innovation and Employment. Employment Relations. 2011 2011; Available from: http://prod.dol.govt.nz/er/index.asp.

^[2] New Zealand Council of Social Services, et al., Mana Mahi: A guide to the employment of people in tangata whenua, community and voluntary sector organisations. 2010, New Zealand: Workplace Wellbeing Project.

^[3] Acas, Promoting positive mental health at work booklet. 2014, Acas: United Kingdom.

^[4] Gordon, G. and D. Peterson, What works: Positive experiences in open employment of mental health service users. 2014, Auckland, New Zealand: Mental Health Foundation of New Zealand.

^[5] Human Rights Commission, What next? National conversation about work. 2010, Wellington, EEO Commissioner/HRC.

^[6] Like Minds Like Mine. Stigma free work places – what can employers do. 2013  [cited 2014; Available from: http://www.likeminds.org.nz/assets/Employment/stigma-free-workplaces-27-oct.pdf.