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Discrimination in the workplace - to complain or not?

Discrimination in the workplace - to complain or not?

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


93 replies

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In response to: Discrimination in the workplace - to complain or not?

Re: Discrimination in the workplace - to complain or not?

hello @Former-Member

yes it doesnt matter how strong or intelligent we are, when our health is not the best we need an advocate.

In itself just writing that sentence makes me feel so indignant. That should be the time when we are offered support not harrassment.

An advocate will take some of the stress away from you.

you can do this.

In response to: Re: Discrimination in the workplace - to complain or not?

Re: Discrimination in the workplace - to complain or not?

Thanks @Former-Member that's very true... I've spent some time today investigating advocacy groups and although I've been passed from one to another at least they've all got back to me which I appreciate.I'm hoping to find someone tomorrow who can assist with a presence at my meetings - I really can't do this alone. I've only been given very vague information about the complaints made against me and when I've asked for specifics - dates, places, people etc. I've been told 'we can't tell you that now, that's what the meeting is for". That puts me at a disadvantage when management go into the meeting armed with all their ammunition against me and I am put on the spot to respond. This entire complaint seems like a total setup with my dismissal the intended result. It's really put me under a lot of stress - my recovery was on track till this happened, now I'm not sleeping and on edge 24 x 7. Thanks again everyone for your help - it's very much appreciated.

In response to: Re: Discrimination in the workplace - to complain or not?

Re: Discrimination in the workplace - to complain or not?

They have to provide the complete details of the allegations prior to the meeting so you have time to provide a considered response. If they are only going to give the details at the meeting tell them you need at least 24 hours to consider your response now you have all the details & have another meeting scheduled. Blind siding you could be a good claim for unfair dismissal if it comes to that. Good luck & Ps research their performance management policy & make sure they are following their own policy.

In response to: Re: Discrimination in the workplace - to complain or not?

Re: Discrimination in the workplace - to complain or not?

Having a plan B (or C/D/E/F/G) ready before you walk in helps and doesn't make it such a big deal. Otherwise it can seem your 'survival' itself is at risk. If you can communicate that you can do the work required to them, then the rest can be worked on? (interpersonal relationships) If they're supercritical all the time maybe its not a good workplace ultimately either.. Whats best for you?

In response to: Re: Discrimination in the workplace - to complain or not?

Re: Discrimination in the workplace - to complain or not?


@Former-Member wrote:

Thanks @Former-Member that's very true... I've spent some time today investigating advocacy groups and although I've been passed from one to another at least they've all got back to me which I appreciate.I'm hoping to find someone tomorrow who can assist with a presence at my meetings - I really can't do this alone. I've only been given very vague information about the complaints made against me and when I've asked for specifics - dates, places, people etc. I've been told 'we can't tell you that now, that's what the meeting is for". That puts me at a disadvantage when management go into the meeting armed with all their ammunition against me and I am put on the spot to respond. This entire complaint seems like a total setup with my dismissal the intended result. It's really put me under a lot of stress - my recovery was on track till this happened, now I'm not sleeping and on edge 24 x 7. Thanks again everyone for your help - it's very much appreciated.


I am so sorry I missed your posts I have been very unwell.

I do hope that you showed them that they cannot destroy your dignity and self worth.

If you are still in the middle of this quagmire and without an advocate, insist on all contact from them in writing. You can tell them that you need time to process the information, having it in writing will allow you to do that. If they ring you on the telephone, tell them that you are not well enough, please put their questions in an email. Keep details of dates, times, conversations from anyone related to work.

If no advocate yet, keep on searching, you will find the right person eventually, they are out there.

Yes it does mean hours and days on the phone. It is disgusting but necessary.

I do hope that you are coping, I know how extremely draining it is on top of already being unwell. As others have said, have some counselling as backup. use sane phone no, lifeline phone no.

stay safe, love yourself

In response to: Re: Discrimination in the workplace - to complain or not?

Re: Discrimination in the workplace - to complain or not?

Thanks @Former-Member - I really appreciate you taking the time to reply and I do hope you are feeling better. I met with HR on Tuesday as I had raised the allegation of discrimination and their expectation was that I show evidence which I was more than happy to provide. I don't expect them to put much effort into any investigation when I kept hearing in the meeting "well that's just your perception". Is it assumed that because you have a mental illness you must also be paranoid and deluded? This has taken huge amounts of my time and effort when I have done nothing wrong - I have not had more than a few hours sleep a night since all this started. It's been draining but at the same time a real learning experience when I see how my human rights have been ignored by a organisation that prides itself on its compassion. Yes you're right about having a paper trail - I want everything in writing, I'm not leaving anything to chance. No luck yet finding an advocate but the more I research the more I learn and the more confident and informed I can be when dealing with these people. The assumption seems to be that being mentally ill means people can treat you however they want and they'll get away with it. People's attitudes need to change and if we don't stand up for ourselves the stigma and discrimination will just continue. Thanks again

In response to: Re: Discrimination in the workplace - to complain or not?

Re: Discrimination in the workplace - to complain or not?

When people say "well that's just your preception" it means "We've labelled you as an enemy to be conqured and we will not let our enemy conquer us, so what you view is always incorrect compared to us, our opinion is the only one that matters, we are better than you, we can do ____ and you can't"

They're the delusional ones.... If I were you I'd quit... And I don't think there's much future there even if it does work out well, and they might actually be the cause of your mental instability because you seem kind, understanding and they seem pretty antisocial.... Just look for another place to work??

In response to: Re: Discrimination in the workplace - to complain or not?

Re: Discrimination in the workplace - to complain or not?

Thanks @SGde3a - I wouldn't give them the satisfaction of seeing me quit. I have a lot of respect for the organisation and there are many good people who take pride in what they do but it's ruined by those who are just in it for whatever they can get. The longer I can delay their meetings the more I learn about my rights and how I can use their own policies and procedures to my advantage. I might lose in the end but at least I'll know I gave it my best shot. It's just so unfair how people with any illness mental or otherwise get treated in the workplace. Just goes to show how many people lack compassion and have no desire to help others.

In response to: Re: Discrimination in the workplace - to complain or not?

Re: Discrimination in the workplace - to complain or not?

Don't worry about ego, think about it long term... if they're actually the kind of people you want to work with and have to have on your mind all the time even if it does go your way. And do you think you would improve if you stayed there.... part of depression is being around untrustworthy /antisocial sources and copping it all the time.

In response to: Discrimination in the workplace - to complain or not?

Re: Discrimination in the workplace - to complain or not?

Hello. Having been openly-bipolar in the workplace for decades, I have encountered a great deal of discrimination, which is almost impossible to prove, so most of it I've just sucked up/chalked up to experience. In workplace contexts, I initially attempt to advocate/educate (on behalf of myself and others), but if that doesn't work, I move on - my health has to come first.

I did take an employer to the Anti-Discrimination Tribunal a couple of years ago - it was a mental health organisation, and the treatment I received was overt and brutal, so I felt I could not responsibly let it go. The process was prolonged, stressful and horrendous - I would only recommend this as a course of action if you have a strong support network, and an outstanding advocate. The process involved "conciliation" and a settlement, but I could have taken it further if I had been feeling more resilient and supported at the time. So I "won", and achieved some closure for myself - mainly because my (ex) employer was so arrogant that she spoke her mind in front of the conciliators, giving them a taste of the derogatory attitude and language I had copped: thus "convicting herself" out of her own mouth, rather than relying on evidence from me, which realistically, would never have been treated as credibly as that from a person without a mental illness. Sometimes persistence does pay off, but you have to weigh the cost to yourself....it's an unfair system, but if it's any comfort, we've come a long way since the 70s and 80s! Good luck ....

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