EmploymentNZ

It was a busy time at Emilio’s agri business, and Sally noticed that one of his employees, Barry, appeared to be under considerable pressure.

“You should check in with him,” Sally suggested. “If an employee is struggling, you need to take those concerns seriously. Workplace stress can become an employment issue, particularly if an employer is aware that an employee’s health may be affected.”

Employers have obligations to provide a safe and healthy workplace. While they are not expected to diagnose or treat medical conditions, they should not ignore signs that an employee may be struggling.

Where health concerns arise, an employer should listen to the employee, consider whether any support or workplace adjustments may be appropriate, and seek professional advice where necessary.

The key is to address concerns early. Ignoring signs of workplace stress or failing to respond appropriately could create greater problems for both the employee and the employer.

If you are unsure how to handle a situation involving an employee’s health or wellbeing, it is important to seek employment advice before taking action.


Lately, Sally had noticed that Emilio seemed a little distant and distracted. She asked him what was troubling him.

“Mi vida, I am so stressed. Work is so busy. We have orders to fill and my sales manager is having an argument with my chief mechanic!”

Emilio explained that his agritech business was in its peak season and orders were pouring in, but this issue meant the sales team and mechanical team could not communicate. That led to serious delays, angry customers and frustrated suppliers.

Sally suggested that Emilio might need some employment advice about New Zealand employment law.

 

Emilio called his lawyer the next morning. He learned that employers had obligations to act in good faith. He did not realise that employers could raise concerns with employees about their performance or workplace conduct, investigate the facts, and make decisions – provided these were decisions a fair and reasonable employer could make in the circumstances.

 

With guidance from his lawyer, Emilio raised the concerns with the sales manager and the chief mechanic. Quickly, the argument cooled off. Emilio met with each of the employees, and asked them for their side of events. He learned that the manager and mechanic were old friends that had different opinions about the best kind of coffee for the tearoom. The manager had asked office staff to get his favourite Kopi Luwak coffee, and had made a cup for the mechanic, telling him it was something different. The mechanic learned about the prank and was extremely upset.

 

Concluding the investigation, Emilio decided that he would give a written warning to the manager about the prank due to the effect it had on the mechanic, and gave a verbal warning to both employees about allowing the argument to affect the workplace. Since Emilio had caught it early and gave the employees plenty of opportunity to participate, they accepted the outcome and made amends, although the mechanic now brings a thermos to work.

 

Emilio went on to have his best sales season yet, meaning he could afford a holiday to Spain to take Sally to visit his abuela.

 

Jadin Hooper