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Bell & Co. Examine the Question of Mental Health in the Workplace

Wednesday 30 May 2018, 9:48PM

By Beckie Wright

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Bell & Co is a specialist law firm offering a high level of expertise and experience in their specific areas of practice, specialising in employment law, family law and disputes and civil litigation, and this month they examine the ins and outs of employment privacy and mental health. The question of mental health in the workplace is very topical at the moment in New Zealand, and Andy Bell of Bell & Co. examines it here.

Andy explains that over time, understanding mental health issues has become paramount in an attempt to support the many people who suffer from psychiatric illness, and as a result, this has been given greater recognition in New Zealand’s law – particularly employment law.

He goes on to say, “From an employment law perspective, it is important for employers to understand what questions are legally appropriate to ask when going through the process of hiring new employees. There is a fine line between inquiring about what an employee may need for support in their new job and asking a question that seems it will prevent a capable person being hired due to a mental health issue.

The Human Rights Act 1993 stipulates what is classed as discrimination when hiring a new worker. Section 21details that psychiatric illness is a prohibited ground of discrimination. Section 22 details that, where an applicant is qualified for the work in question, the employer cannot refuse to employ them on the basis of their mental health issue. This is classed as discrimination.

However, there are exceptions to this rule. An employer is justified in ascertaining whether the applicant will be able to complete the job to a satisfactory standard. Section 29 details that, in the case of a disability (psychiatric illness), it will not be discriminatory to deny employment to a person who needs specific services and facilities beyond what it is reasonably expected of an employer to provide the applicant to carry out the job to an acceptable standard.

Andy concludes, “An employment lawyer would advise that any question related to mental health must be explained. The purpose of the question and what the information is being used for must be communicated to the applicant. This provides a safeguard that the information is not being used to discriminate.

For more information on Wellington family law, personal grievance lawyers and Wellington lawyers please go to http://www.bellandco.co/ .