Mental health isn’t just an HR issue — it’s a business imperative
Mental health has quietly become one of the most urgent risks facing South African employers — not only from a human perspective, but from a legal, operational, and financial one.
In Episode 3 of the Future-Fit Business series on Kingfisher FM, Advocate Cisca Moyses unpacked the rising tide of emotionally unsafe workplaces, and what employers can do to turn the tide before it turns into litigation, lost talent, or team collapse.
Missed the episode? You can now listen to it [here].
From burnout to backlash: The legal landscape is shifting
Mental health-related complaints are showing up more frequently in labour disputes, including:
- Constructive dismissal: Employees resign due to sustained stress or bullying, claiming intolerable conditions.
- Discrimination claims: Conditions like depression, anxiety, and PTSD are increasingly recognised as disabilities under the Employment Equity Act.
- Incapacity processes: Poor performance or absenteeism linked to mental health may not be grounds for dismissal without a proper incapacity enquiry.
- Health and safety violations: Employers can now be held liable under amended OHSA regulations if they fail to address psychosocial risks at work.
The common thread? Failing to create an emotionally safe workplace is no longer just bad practice — it can be unlawful.
Emotional strain impacts performance — and the business
Besides the legal risks, emotionally unsafe workplaces come with clear operational consequences:
- Increased absenteeism and “presenteeism” (showing up but under-functioning)
- Escalating conflict, gossip, and HR interventions
- Declining engagement, innovation, and retention
- Greater risk of accidents, burnout, and reputational harm — especially in high-stakes industries
When trust breaks down, so does performance. One toxic team member — or one unaddressed mental health crisis — can destabilise an entire unit.
Employer blind spots: What we fail to see
Cisca noted that many employers still assume:
“If no one’s complaining, everything’s fine.”
But this is a dangerous assumption. In emotionally unsafe workplaces:
- Employees fear speaking up
- Line managers avoid difficult conversations
- HR becomes reactive rather than proactive
- Loyalty erodes quietly, until a single trigger tips the scale
How to know if your workplace is not emotionally safe
Some warning signs include:
- High performers suddenly under-delivering
- Emotional volatility, avoidance, or passive aggression
- Sudden resignations, or vague sick notes piling up
- More disputes, less collaboration
- Staff hesitating to raise issues — especially with leadership
What can you do as a business owner?
Start by recognising that mental health is a shared responsibility. Employers are not expected to play therapist — but they are expected to take reasonable steps to prevent and manage psychosocial harm.
(SA)UEO recommends:
- Create a psychologically safe culture — model vulnerability and fairness from the top
- Train managers to spot early warning signs and respond constructively
- Audit your policies — do you address burnout, trauma, or emotional incapacity?
- Equip your teams — use your organiser’s toolkit: templates, processes, protocols
- Support recovery — through trauma debriefing, referrals, or flexible reintegration
How your (SA)UEO membership helps
Your organiser can:
- Help distinguish between a disciplinary issue and a mental health one
- Guide you through incapacity processes (including mental illness)
- Support with grievance mediation and early interventions
- Offer templates for managing burnout, trauma, or emotional distress
- Assist with psychosocial risk planning under the amended Health & Safety Act
Need extra support?
Recalibrate — (SA)UEO’s contracted partner for out-of-mandate, value-added services — offers tailored mental health and wellness programmes to help keep your staff resilient, motivated, and supported. For more info, email info@recalibrate.info
Final Word from (SA)UEO
Emotionally safe workplaces aren’t soft. They’re strategic.
They protect people and performance. They lower legal risk, reduce churn, and raise morale.
And most importantly — they show that employers care not just about output, but about the human being behind the role.
If you’re unsure where to begin, your organiser is ready to walk the path with you.
