Question

We are reviewing Health and Safety this week and I need assistance with the below:

When should the employer make the decision to terminate an employee because of mental health issues?

What are the employer consequences, if any, for terminating an employee who has demonstrated issues of mental stress or unhealthy mental behavior?

Answer 1

The employer can terminate an employee on the grounds of mental health issues if he finds

• That the employee is suffering from mental illness
• Or any indication that has been identified by the employer duly making him to believe that employee is facing mental illness.
• Or even there can be a situation where an employee can absent for a period of time from his work and not performing his work or assigned tasks for a period of time.

To determine whether an employee with a mental illness is capable of performing the inherent requirements of the employee's position, the employer should obtain medical evidence from the employee's treating medical practitioner and/or an independent medical practitioner. This will help to support the employer's decision-making and mitigate against the risk of the employee later making a successful claim against the employer.

The employer should provide the relevant medical practitioner with detailed information about the role that the employee is required to perform. The employer should specifically seek advice from the medical practitioner about the nature of the employee's condition; the impact of the mental illness on the employee's ability to perform the role; and any adjustments that can be made to accommodate the employee's condition.