Lived Experience Forum

[Former-Member]

Hi, I am diagnosed with major depressive disorder and am currently receiving treatment from a psychiatrist after being suicidal and self-harming and coming close to pulling the metaphorical plug last year. I disclosed my condition to my employer last year and since then have had encountered issues in the workplace - exclusion (not invited to meetings, being ignored when asking for assistance or offering to help on projects) , isolation, bullying - being shouted at. I have now had a formal complaint about my performance made against me by my manager and am being forced into a meeting with HR with a view to terminate my employment. After first disclosing my condition management paid for three sessions with a workplace psychologist which I didn't find beneficial but still attended and I was verbalIy assured I would be supported. I have been with this employer for eight years with no previous performance issues. What makes this worse is that I am employed by a large Melbourne-based healthcare provider who provides mental health services amongst other things. I would have thought they would be more empathetic. I believe my treatment constitutes discrimination and it certainly fits the legal definition as none of this happened before I disclosed my condition. Should I lodged a formal complaint with the human rights commission as they are the relevant legal body or should I just suck it up? I really need assistance with this - is anyone aware of anyone who can advocate for me in my meetings with management and HR? I've already tried beyondblue and worksafe and neither of them provides or could recommend advocacy services. Thanks, Dugga

[Matt12]

Hi Dugga

I will walk you through this as best as I can, as I have experience at both ends of the process good and bad. Last year I was off work for 2 weeks, spent 6 days in hospital due to an attempt to end it.

My current and past experience involves managing people and outcomes, mental health gets in the way off positive outcomes “making money” most managers have little tolerance and time to support due to lack of support from senior management.

I supplied a doc certificate for my time off and said nothing, why ? because I would be where you are, why ? I have performance managed many people out over the years easily, sometimes has cost the company I worked for lots of money but the efficiency gains that reflect in the profit quality means it’s money well spent.

If you are injured at work and have a return to work program, you can still be performance managed out if you are not performing within the scope. Due process needs to be followed to ensure legal obligations are meet to limit liability.

You need to document the whole process very carefully, so many grey areas with mental health within the workforce and is specific to the individual. The good news is discrimination that is proven is not limited, but you need to insure your process and documentation is deep to cover off due process.

The OH&S act is very long and full on, the bottom line is empoylers need to ask the question “ whot more could we have done” this determines payouts, as it’s always about the money and will always be so, mental heath is not part of the process sade but true.

[Former-Member]

Thanks Matt, I really appreciate you taking the time to reply. I realise that no matter how much an employer spouts their "caring workplace" and "employer of choice" credentials the reality is far different. Having a disclosed mental illness does give you some protected attributes in the eyes of the law but no one wants a high-maintenance employee or one that has the potential to go off the rails. It's very easy to perfomance manage staff out of the workplace even if it does take time - the three written warnings etc. could be stretched out over months but once the target has been painted on your back they'll do whatever it takes to get you out the door.

I've also come to realise that despite eight years of loyalty to the organisation they are now more than happy to throw me under the bus. This is where I see something like a complaint to the human rights commission as being a better option than dealing with a biased HR department who are definitely not going to act in my best interest. Thirty years in the workforce has shown me that HR departments are little more than lackeys to senior management. Much better to have this dealt with by an impartial third party.

Very difficult to prove discrimination even if I know it to be fact - documentation is imperative. My preference is to stay with my employer - I'm not angling for a payout and I know if I can ride this out I will probably outlive the current management anyway. Reputational damage is something my employer is very conscious of especially as they are trying to establish a mental health business -  discrimination against a mentally ill employee could really have a detrimental effect on their reputation so having this play out in public could hopefully be to my advantage. Of course I could always just roll over and take it but I think that's unfair to everyone else who struggles with stigma.

[utopia]

@Former-Member. Don't attend the meeting without a support person with you. I'd suggest a union rep.
I too worked for a health network. Except I worked in Mental Health. My experience has been harrowing. 2 & 1/2 years on Workcover. Work did everything to make things harder. They would - in front of other people be very supportive - but when it was just me - totally different.
Explain you can't attend the meeting on the due date, as it does not fit with your union rep. Hasn't given them enough time. Let them know that you will let them know when the rep will be able to attend.
Protect yourself.

[Former-Member]

Thanks @utopia that's good advice - I've already cancelled the meeting as they gave me less than 24 hours notice. I'm not a union member but there is absolutely no way I will be showing up alone - it's just way too risky and it's already looking like a setup. I've let them know I will reschedule when I have a support person available. They are pushing for a reschedule this week - this has already taken a toll on my health and set back my recovery but I want to do this properly and go in prepared even if it takes weeks to get everything organised.

[Kurra]

Just remember that you're the one who can call the shots as far as the timing of this meeting goes.
I'd be having a chat with the Human Rights folk because they'll never get rid of you it will always be on the basis of performance. If you are fulfilling the core components of your position and you diarise each task you're give - date given, date completed etc you have a chance of proving that the performance reviews (which must be underperformance) were related to the MI and were not performance based.
Good Luck. It's a long and rough road @Former-Member. 🎶💕

[utopia]

@Former-Member. You may find the union will still come out and help you. As it sounds like a bullying tactic. 24 hrs notice is rediculous. And unless they can prove you did something like drinking at work, etc - it's a three strike system. So they shouldn't be able to fire you.
That doesn't mean that they won't try - if they think they can get away with it.
I took my mum with me to one meeting. They were so rude and talked over me and bullied me and twisted my words - that my mum was ready to thump them. And my mums a pacifist! Lol.
If it gets too stressful, get a medical certificate for some time off.
Your health comes first.

[Former-Member]

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@Former-Member wrote:

Thanks Matt, I really appreciate you taking the time to reply. I realise that no matter how much an employer spouts their "caring workplace" and "employer of choice" credentials the reality is far different. Having a disclosed mental illness does give you some protected attributes in the eyes of the law but no one wants a high-maintenance employee or one that has the potential to go off the rails. It's very easy to perfomance manage staff out of the workplace even if it does take time - the three written warnings etc. could be stretched out over months but once the target has been painted on your back they'll do whatever it takes to get you out the door.

I've also come to realise that despite eight years of loyalty to the organisation they are now more than happy to throw me under the bus. This is where I see something like a complaint to the human rights commission as being a better option than dealing with a biased HR department who are definitely not going to act in my best interest. Thirty years in the workforce has shown me that HR departments are little more than lackeys to senior management. Much better to have this dealt with by an impartial third party.

Very difficult to prove discrimination even if I know it to be fact - documentation is imperative. My preference is to stay with my employer - I'm not angling for a payout and I know if I can ride this out I will probably outlive the current management anyway. Reputational damage is something my employer is very conscious of especially as they are trying to establish a mental health business -  discrimination against a mentally ill employee could really have a detrimental effect on their reputation so having this play out in public could hopefully be to my advantage. Of course I could always just roll over and take it but I think that's unfair to everyone else who struggles with stigma.

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hello @Former-Member @Kurra

I had been through bullying and harrassment working within a large corporation with values and mission statements reaking of value, diversity, multiculturalism, zero tolerance of racism, bullying, etc etc.

The union helped me. I was also advised anything that is said to you ask them to just send you an email as you are having difficulty focussing. Keep a hard copy of everything. send copies of emails to yourself at home. diarise everything- dates, person, witnesses.

I recently have been on long term sick leave, mental health and found myself having to go to the union again, in the last six months the claims department and then the union treated me indifferently and were not mindful of my health. I went through a disability advocate. eventually it just further exacerbated my health and I made a decision that I am just not well enough to stand up to the big boys.

Fair work ombudsman was mentioned to me. also depending on  which state you are in would depend which advocate. i have added a list below. good luck

Australian Federation of Disability organisations

Disability Advocacy 

• What is Advocacy
  

National Disability Peaks & Advocacy Organisations

you will find your state in this list.

[Former-Member]

Hello @Former-Member

I was surprised to find that we come under this list but we do.

[Former-Member]

Thanks @Former-Member - that's excellent information. An advocate is what I really need as they would know what is acceptable within the law and would have the experience to keep any face to face meetings on track. Going into these meetings alone is just asking for trouble when there are those in this organisation who have a clear agenda to remove me. I really appreciate everyone's help on this.