Discrimination in the workplace - to complain or not?

Thanks @utopia - after being suicidal last year and coming very close again earlier this year I know now how little they really care. As someone said to me recently "remember it's just a job" - very true but I will not go down without a fight and considering the staff turnover in my workplace, especially in management and HR I know if I stick around long enough I can outlive them. Sorry that you got put through this too - it's unfair how businesses exploit their workers. We do our best and show loyalty and dedication and this is how we are repaid.

Thanks Dugga. Be strong and make sure you enjoy your work and not let the managers get to you. As long as though you have the support from your other work colleages, that is the main thing, and support each other against the mangers. It sounds like the managers are making the work place "toxic". If they put more effort into making it a pleasant and mentally healthy workplace by commiting to support their team (and I enfasise team), I am positive the productivity will increase, and they will make more MONEY. I know it is a big step, but have you thought of standing up in a meeting or doing a presentation to all of your colleages about your experience of your mental health, that it is an illness that can be conquered, and that they do not need to treat you any different as a person. Why dont you take the lead and make it an enjoyable, and mentally safe workplace and defend all of us who have suffered in the workplace. Show some true leadership, I wish I had. My story can be found at

Re: My Story of suffering at work with stress that led to Depression, Anxiety which led to a Brief Psychotic episode. Part 1.

Just new to this forum, saw this thread and felt compelled to reply.

1. Unions will help but they steer clear if lengthy litigation seems likely.

2. Workcare/cover is not very good when it comes to mental health issues. It was designed primarily for physical disabilities and doesn't seem to deal with mental health issues all that well. Insurers will do EVERYTHING in their power to either get you back to work, find alternative work you can do or have you taken off weekly payments. They can be ruthless, even employing private detectives to film and photograph you going about your daily business. You will also be asked to attend so-called "independant medical assessments" by doctors who write reports paid for by the insurer.

3. Get a good law firm...one that is "no win no pay" and talk to them. If they think you have been discriminated against or dealt with contrary to the law then they will act for you and take a lot of the hassle out of your hands. They are very honest. If they think you have no case they'll say so. I'm no expert but I reckon that the description you've given of how you've been treated sounds pretty unfair to me.

Keep strong...don't give up. Judges are human. If they think you've been wronged and you are suffering from an identifiable mental illness then you have nothing to fear.

Thanks @Stroppy - I contacted workcover when this first happened and they weren't much help but .at least they pointed my in a few different directions that were helpful. I spoke with a conciliator at HREOC today and she will be mediating between my employer and me after I lodged a formal complaint against them. I expect there will be some backlash from my employer against me but after what they've put me through they deserve some exposure and some accountability. This was never going to be be dealt with impartially within the organisation so the best course of action is to go to an external arbitrator. If we can't reach consensus in mediation the next step is a tribunal hearing. This is where things get real serious and they risk public scrutiny. HREOC hearings are private but tribunal hearings are in the public arena and this is where they risk reputational damage but if it goes against me I'm liable for their costs. From the legal advice I have got so far it would most likely go in my favour but it's already taken a huge toll on my health but I've learned a lot about my rights and the legal process and would certainly be able to advise someone who finds themselves in my position.

Hi @utopia - I was talking about VCAT - https://www.vcat.vic.gov.au/.. I don't know about the equivalent in other states. It's much like a magistrates court where a judge makes a finding based on the evidence of both sides and can award costs or even dismiss the case outright if there is no evidence or the claim has no basis in law. Plus you have to pay to start a case but it's cheaper if you have a health card.

VCAT arbitrators are usually pretty fair but legal costs and the possibility that you will get saddled with them if a ruling goes against you is one of the way the "system" dissaudes people from taking action. Dugga...if your lawyer thinks your case is airtight then go for it. Discrimination against people who've developed depression or GAD in the workplace because of an incident or something which has happened at home is just NOT ON. If a worker lost a leg in a car accident the employer would make concessions for that person to keep working but because your injury cannot be "seen" then it's very possible they think you are malingering. I just HATE that attitude.

I was judged above the 30% threshold for permanent incapacity and yet I still get harrassed by Workcover to go to independent medical assessments and the like. It's just a merry-go-round designed to cut costs and keep premiums down to a minimum. Be strong...stand up for your rights. You have an illness. It's just like someone losing a limb but it cannot easily be seen. That doesn't mean it isn't there. It doesn't mean your bosses can treat you like crap!