This Stress Awareness Week: The critical role employers play in supporting the emotional well-being of their workforce

Ayesha Karjieker, Associate in the Employment Law practice, recently joined Benito Vergotine on Smile FM to discuss “This Stress Awareness Week: The critical role employers play in supporting the emotional well-being of their workforce.”

2 Dec 2025 07:42 Minutes Radio interview
This Stress Awareness Week: The critical role employers play in supporting the emotional well-being of their workforce

This Stress Awareness Week: The critical role employers play in supporting the emotional well-being of their workforce

Podcast

This Stress Awareness Week: The critical role employers play in supporting the emotional well-being of their workforce

Podcast

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Ayesha explained that South African employers have a statutory duty to provide a safe and positive working environment, one that extends beyond physical safety to include psychological safety. Chronic stress and burnout may be indicators of conditions such as depression, and under the Employment Equity framework and the revised Code of Good Practice, certain mental impairments can qualify as disabilities. Where that threshold is met, employers must reasonably accommodate the affected employee.

 

She added that, in practice, this may mean adjusting duties, reducing working hours, or putting additional support structures in place before resorting to disciplinary action or dismissal. Psychological safety, she emphasised, is not a “nice to have”, it forms part of an employer’s legal obligation to provide a safe workplace and carries real legal consequences if neglected.

Ayesha also highlighted the difference between misconduct and incapacity: misconduct is a deliberate choice to break rules, while incapacity refers to an employee’s inability to meet performance standards due to ill health or injury. If poor performance or absenteeism stems from a health condition, it should be managed as incapacity, supported by medical input and reasonable accommodation, rather than through disciplinary processes.

Click here to listen to the interview.

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