Managing Mental Health Risks in the Workplace

A mentally healthy workplace is increasingly recognised as essential to a productive, safe, and legally compliant working environment. Join Health and Safety and Employment law experts from Russell McVeagh and gain insights into the myriad obligations owed to employees and other workers under the Health and Safety at Work Act 2015, Employment Relations Act 2000, Human Rights Act 1993 and Privacy Act 2020.
This course will provide in depth analysis of the relevant legal frameworks as well as practical insights into how to lawfully navigate mental health challenges in the context of employment processes and ensuring health and safety obligations are met.

We will focus on the key psychosocial stressors identified by WorkSafe, including bullying, work-related stress, harassment, and fatigue. We will also provide an analysis of employer obligations to employees who present to work with mental ill-health unrelated to the workplace.
Key issues to be examined will include managing an employee with mental ill-health, including privacy considerations and the need for reasonable accommodations under the Human Rights Act; what to do when performance managing or disciplining an employee with a mental health concern; how to manage complex bullying investigations from both a health and safety and employment perspective; the duties owed under the Health and Safety at Work Act and the management of psychosocial risks; WorkSafe's approach to investigations and what might happen if WorkSafe decides to take enforcement action.

Additionally, we will examine the duty of due diligence under the Health and Safety at Work Act 2015 and suggest how management and HR professionals can support senior leaders to comply with their individual due diligence obligations in the context of the workforce's mental health.
Throughout the day, we will highlight significant and/or new case law as it relates to each topic with a view to providing a practical and "real life" insight into how mental health challenges might present, and be dealt with, in the workplace.