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ARTICLE · 17 OCTOBER 2016

Mental illness and workplace disciplinary law: 6 golden rules

Corrs Chambers Westgarth
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Applying workplace disciplinary law to a worker who suffers (or may suffer) from mental illness is complex.

AustraliaEmployment and HR
Siobhan Flores-Walsh (Formerly With Corrs Chambers Westgarth)
Siobhan Flores-Walsh (Formerly With Corrs Chambers Westgarth)
Marie Costa
Marie Costa
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Applying workplace disciplinary law to a worker who suffers (or may suffer) from mental illness is complex. Competing laws such as anti-discrimination law and work health and safety laws must be finely balanced, and this complexity is exacerbated by the fact that mental illness is not always easily defined or diagnosed – indeed, even mental health experts find it hard to agree on a definition.

So how does a business ensure it is legally compliant when dealing with a worker who suffers (or may suffer) from mental illness? And most importantly, how can it ensure that it does not cause harm to anyone when it applies disciplinary processes?

THE SIX GOLDEN RULES

Rule #1: Have Strong Policies and Processes In Place.

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