Barbara Buckett and Associates Barristors and Solicitors

trendz - our client newsletter

june 2007

stress in the workplace

Workplace stress made the headlines recently after a young lawyer’s death was linked to the long hours he worked and workplace stress. The 27-year-old lawyer was expected to work sixteen hours a day, seven days a week, by his firm. The man visited the Tate Modern Art Gallery after leaving work one evening and plunged down a stairwell to an instant death, at 11.30 pm.

Interestingly, although this tragedy occurred outside of working hours, and the man’s presence at the gallery was not linked to his employment, it is suggested that the man’s employer was in part to blame. It was implied that the employer’s conduct had created a situation in which the man was so overloaded with work, stressed, tired, overworked, and under so much pressure, that it caused him to fall.

This tragedy raises interesting questions in New Zealand as to employers’ liability for stressed employees. Are employers liable for the consequences of not providing a safe work environment when causes stress, and if so to what extent? More and more we are seeing situations where claims are made against employers for work-related stress.

what responsibilities do employers have to manage employees’ stress?

The Health and Safety in Employment Act 1992 ("HSE Act") requires employers to provide a safe and healthy work environment and to manage workplace hazards and risks. Stress is arguably a workplace hazard.

In the New Zealand case of Gilbert v Attorney General the court found the employer in breach of the terms implied into any employment contract by the HSE Act when it failed to identify and control stress as a work hazard for the employee. The court held that an employer:

must take all reasonable care to avoid exposing employees to unnecessary risk of injury or further injury to physical or psychological health, and in particular, to maintain a safe system of work;
has an obligation not to conduct itself in a manner calculated or likely to destroy or seriously damage the relationship of trust, confidence, and fair dealing between the parties;
is obliged to take all reasonable care not to cause its employees physical or psychological injury or further injury as a result of the volume, character, nature or circumstances of the work the employee is required to perform;
must be a good and considerate employer, especially in matters of health and safety;
has an obligation to provide a working environment and management processes that ensure that undue stress would not be caused to the employee.

what should an employer do to identify if stress is a workplace hazard?

An employer is required by law to have an effective method for identifying hazards in the workplace, if possible before the hazard arises, and to regularly assess identified hazards. Possible symptoms of stress to watch out for include:

high levels of sick leave being taken;
frequent absenteeism;
declining productivity;
increased staff turnover;
negative feedback from other staff;
frequent resignations.

what can an employer do to manage stress?

An employer must take all practicable steps to eliminate workplace hazards. If it is impossible to eliminate the hazard, the employer must take all practicable steps to minimize harm to its employees.

There are a number of steps an employer can take:

manage workflow and workload;
manage any work place conflicts;
ensure that workloads are managed effectively;
provide all employees with information about the recognised harm from workplace stress;
have clear and robust policies in place to manage stress;
have clear policies in place that stipulate what an employee should do if they are experiencing workplace stress, or are concerned that a colleague is;
ensure that all employees are aware of and understand the policies in place that relate to stress;
ensure employees know what their responsibilities are when they are experiencing stress;
ensure that employees’ contracts provide clear understandings as to the obligations and requirements in managing health issues, such as stress;
promote a work-life balance;
encourage employees to take regular annual leave;
take seriously any complaint of an employee of stress, and work with the employee to manage the impact of workplace stressors.

If you are concerned that stress is an issue in your work place we are happy to provide advice on how to manage an existing issue, how to implement a stress policy, or to give you an objective assessment of your existing policy.

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Disclaimer: This article is necessarily brief and general in nature. You should seek professional advice before taking any action in relation to the matters dealt with in this publication. Please refer to our Legal Notices.