Labour analyst flags problem areas in balancing safety and inclusion under new mental health bill

Sydwill Scholtz

As Parliament debates the 2025 Mental Health Bill, which is supposed to improve access to care and ban workplace discrimination, questions are emerging over how the legislation will work in practice.

Labour analyst Sydwill Scholtz says while the bill represents progress, it also exposes gaps in how employers can balance inclusion with maintaining a safe and productive workplace.

“Employers are duty-bound to create a safe environment for all employees, including those with mental illnesses,” Scholtz said. “The difficulty lies in assessing how certain conditions might affect performance or workplace safety under stress.”

He warned that some mental health conditions require ongoing medication and treatment — a cost and legal responsibility that could raise further questions about medical aid coverage and legislated priorities under the new bill.

Scholtz added that clarity is needed on whether employees struggling to meet performance standards due to mental illness would be exempt from disciplinary measures, and how such cases would align with the Labour Act, which governs all employment relationships.

“We can’t treat affected employees unfairly or differently, but we also can’t ignore the expectations tied to job performance,” he said. “These are the issues that must be ironed out before implementation.”

The bill, part of the government’s broader health reform agenda, is expected to undergo extensive scrutiny as lawmakers, labour unions, and employers assess its implications for both workers’ rights and business operations.