Employment Law Issue
The client is facing an employment law issue in Western Australia relating to mental health rights. They describe a situation where their employer engaged in unnecessary, protracted, and complex communications following an appeal of a grievance outcome. This has reportedly caused additional stress, pushing the client towards a mental health crisis. Despite the client requesting reasonable adjustments, the employer delayed the appeal hearing, citing concerns about the client's mental health, which the client feels has disadvantaged their access to occupational activity. The client is unable to return to work until the appeal is processed, as they feel unsafe at their workplace until their grievances are resolved.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkIs it against the law for my employer to exclude me from decisions about my mental health?
The relevant employment laws usually govern the treatment of individuals with mental health conditions. Employers have a duty to make reasonable adjustments if an employee’s mental health condition amounts to a disability. Excluding you from decisions affecting your mental health in the workplace could potentially breach this duty if it results in discrimination. It's crucial to communicate your need for involvement in such decisions as part of reasonable adjustments.
What legal protections do I have regarding mental health and reasonable adjustments under employment law?
Under employment law, particularly regarding disability rights, you are protected against discrimination based on disability, which includes mental health conditions if they have a significant and long-term impact on your daily activities. Employers are required to make reasonable adjustments to accommodate employees with such conditions. This includes altering communication methods or modifying procedures to minimize stress.
Can my employer delay my appeal hearing due to concerns about my mental health, and what recourse do I have if this negatively impacts my return to work?
An employer can delay an appeal hearing if they genuinely believe it impacts your ability to participate effectively. However, such actions must be proportionate and must not be discriminatory. If the delay disadvantages you, you might raise a complaint or seek early conciliation before pursuing a claim. It's also crucial to request reasonable adjustments to facilitate your participation in the process.
What constitutes reasonable adjustments in the workplace for mental health issues, and are my employer's actions compliant?
Reasonable adjustments may include changes to working hours, providing a quiet workspace, or altering duties, among others. Employers are required to engage in dialogue with you to determine suitable adjustments. If your employer is not meeting these obligations, this could be addressed as part of your grievance appeal.
How can I effectively document and present the added stress caused by protracted and complex communications in my grievance appeal?
To document the additional stress, gather all relevant emails and correspondence that highlight complex or unnecessarily extended communication. Note dates, frequency, and specific language that contributed to your stress. Include a personal statement detailing how this communication affected your mental health, supported by any available medical evidence. Maintain a record of requests for reasonable adjustments and your employer's responses.
