Discrimination in the workplace - to complain or not?

Thanks @Stroppy - like you said it's not like a broken arm or something that is visible but that doesn't make it less real. Depression is a potentially fatal illness yet the lack of compassion and understanding is outrageous considering I work for a private hospital with mental health wards and programs.

I've followed the advice given to me - first raise a complaint internally within my organisation, then take it to HREOC, then to VCAT if things still aren't resolved. My HR department has done nothing to support me and they've never treated this seriously. I hope going to an external arbitrator will give them a wake up call. My psychiatrist has said he will write me a letter which will at least show that I am not being vexatious or making this up. I shouldn't have to do that - if I had gone to my employer and said I had cancer i wonder what the response would have been? I'm not pushing for a payout but this really needs to stop and if I just allow this to continue I'm letting myself and every other sufferer of mental illness down.

@utopia - there is some really good information on the VCAT website - you can search on previous cases here: VCAT human rights decisions A lot of is very wordy in a legal sense but I hope you can find some good info there.

you have a case only if you can pay for a good lawyer if not take what you can and walk as "its all abount the money and always will be"

Thanks Matt, the behaviour of the HR department is very unprofessional. I think they are way out of their depth and are really hoping this would all go away but it's gone beyond that now. I've sent emails asking for an update that have been completely ignored. I've engaged a disability lawyer who has sent them a letter that has been ignored and raised a case with HREOC. The business I work for has a huge turnover in HR staff and I doubt they have had to deal with this sort of situation before. If they want this resolved they are going to have to engage with me but maybe they hope I will just resign and the problem will be solved... no chance of that once it goes outside of the business. This is a not for profit healthcare provider that has several thousand employees and hospitals across Victoria - you would think they would handle this better.

The never-ending story continues - so I made the complaint against my manager with detailed notes on multiple instances of bullying and inappropriate behaviours and when the HR department finally got back to me with the outcome of their investigations it was as if they had not even made notes during their face to face meeting with me. It was complelety incorrect on many points even to the extent that had not even got the person correct that I was making the complaint against. Their investigation said that my allegations had no substance and were completely false despite me having evidence to the contrary. The major instance of verbal abuse which left me in a suicidal state was not even acknowledged. My lawyer is suggesting we go to VCAT now as my employer has not only proven they condone bullying and discrimination in the workplace but they actively encourage it.

According to them they have offered to pay for counselling for me (complelety false), offered me flexible working arrangements (completely false), offered me support (completely false). The only benefit of going to a VCAT hearing is that it will give them public exposure and do them some real reputational damage which they deserve after what they've put me and others through. In the meantime I'm still there and being put through hell. I'm sure they are dragging this out deliberately to make me suffer and hopefully I'll just go away. The worst thing is I know I've done nothing wrong - they just want me out. So much for a private hospital that prides itself on the values of compassion, respect, integrity etc. - nothing but empty words. I'm just so disillusioned with everything.

Hi Dugga.

Let me just tell you, you are doing the right thing. Keep telling the truth. Yes I agree with you that these people and their mentality is what is causing unhealthy workplaces, and it needs to be made public. If everyone exposes these businesses and their practices and attitudes towards people with mental health issues we can make change. Every one is now starting to realize that this is a national priority. Even Jeff Kennet (who was the CEO of Beyond Blue, Now stepped down and Julia Gillard taken over) he has publically stated he wants CEO bonus salaries to be weighted heavily by providing mentally healthy workplaces. This will force them to provide mentally healthy work places from the top, and filter down through the rest of the leaders. But with stories like yours and mine, we can make change.

Dugga, you have my full support, like I said before, you are doing the right thing. I have not posted for a while. I have been going through work cover and my efforts have been focused on this. Looks as though we will be agreeing to a settlement with an admission of liability with the insurer and employer. So now I can focus all my efforts on getting better and being an advocate for mental healthy work places. I will be telling the rest of my story soon. You are not alone Dugga. Keep strong to make change, and prevent this type of behaviour from affecting others.

Thanks @HighAchiever and @utopia ... we shouldn't have to go through this. Treating sick people like this and publicly professing to be such wonderful caring workplaces is nothing but fraud and cruelty. I see great irony that my workplace recently published a glowing story about a mental health treament they offer for patients (only those patients who can afford top health cover mind you) and meanwhile they treat their mentally ill staff like dirt.

Like yourself @utopia - I have found the meeting process a sham. I have asked for minutes afterwards of what has been discussed and been refused - then they present their own version of events which is completely abstract from what was really said. If you do want to record a meeting secretly it is actually not illegal in Victoria to do so - I don't know about other states. I've already asked for everything in writing and been refused but I'll definitely be recording all meetings. It's the only way to cover yourself. Getting an apology would be great but I won't hold my breath, that would be an admission of guilt and as far as they are concerned they are such lovely caring people who can do no wrong and I'm a liar. @utopia If you do take them to court there are a lot of good resources you can access for free. If nothing else this has been a valuable learning experience and I have learned a lot about my rights and what the law can do for you. Take care and look after yourself.

Here's today's update. Well my employer has clearly shown they have no interest in admitting blame or even distancing themselves from a manager who clearly has issues so my lawyer has recommended we lodge a VCAT complaint. I had hoped this could be resolved by mediation but there is just no hope when they can't even see any errors in their behaviour. I've taken it this far and I owe it to every one of us to follow it through to it's conclusion. This was never going to be fairly dealt with inside the organisation so it really needs to be decided by an independent arbitrator. The fact is I'm really not even asking for much:

• Managers to be trained in how to deal with mentally ill staff
• An apology for how I've been treated
• Costs for my lawyer and medical treatment.

I really can't understand why they would risk public airing of this and potential damage to their reputation when I'm not asking for all that much in return. After coming close to taking my life last year I really don't have anything to lose.