topic Can my employer get rid of me becasue I have suffered depression? in Depression

Can my employer get rid of me becasue I have suffered depression?

LL688 — Thu, 07 Jun 2018 00:43:57 GMT

I had been bullied in the workplace and was diagnosed with severe depression which was confirmed by my employer's doctor through Fitness For Duty Assessment about 2 years ago.

In the medical report the doctor said that I can go back to my own position if the "ISSUE" was addressed.

I was off from work and back to work through graudally return to work programe. Then I was arranged to work in another other area and one day my department told that I was approved for not going back to my old position.

Two years later, my department told me that I became "Unattached" and forced me to take a package via a deed of agreement. If I am not agree I will move to next step which is forced redundacy.

Since I have my first depression in the workplace, my situation never be better and my department just try to get rid of me by telling me I became EXCESS.

Can someone tell me what can I do?

Many thanks in advance.

Can my employer get rid of me becasue I have suffered depression?

demonblaster — Thu, 07 Jun 2018 01:12:07 GMT

Hi LL688 welcome to Beyond Blue you've come to a very safe caring enviroment.

Wow you've certainly had a rough trot where you are, I'm sorry you've had so much to deal with there.

I'm afraid I can't be of much help with advise in your situation but just want to offer you support and for you to know you're not alone here 🙄

Just wondering though if you've contacted anyone in a professional capacity to advise you on your situation.

Possibly you may get some guidance I'm not sure but they may know where to steer you if you'd like to ring here and you might like to talk on how your feeling

1300 224636 this is 24/7 the bb number.

Or maybe google workplace disputes could help.

Hard situation to be in. Wishing you all the very best.

🌹

Can my employer get rid of me becasue I have suffered depression?

Mary1234 — Thu, 07 Jun 2018 01:16:34 GMT

i would start first by checking with Fair Work around your Awards Agreement in this instance, you can also contact a Disability Employment Agency who may be able to step in and negotiate on your behalf with your employer as your would be classed as a Job In Jeopardy client on their case load

Can my employer get rid of me becasue I have suffered depression?

geoff — Sat, 09 Jun 2018 02:27:42 GMT

Hi LL688, and a warm welcome to you.

I'm sorry to know what has happened, but what Mary has said is right, you need to contact the Fair Workers Commission as there are a couple of issues that need be addressed for your own benefit.

I'm about to log off as I start very early in the morning, but I have written down your avatar and will contact you tomorrow.

Geoff,

Can my employer get rid of me becasue I have suffered depression?

geoff — Sat, 09 Jun 2018 20:09:06 GMT

Hi LL688, what you need to do is contact a lawyer on a no-win no-fee basis that handles bullying and have been forced out of this job due to depression, that's illegal now, and your employer will try and make out that you are an excess.

The alternative is Fair Workers Commission who have lawyers but you need to contact them straight away if that's what you decide because they have cut off date of 21 days if that time has expired, then a lawyer.

There are many lawyers who do handle these situations but check you don't have to pay any upfront fees, I know a couple of lawyers who charge $220 or higher.

Please do this as soon as possible, and take any diagnosis from your doctor.

I would also do a K-10 test (google it) which determines your level of depression, please do this test several times, but not one straight after the other and include this when you have an appointment.

Let us know how you get on.

Geoff.

Can my employer get rid of me becasue I have suffered depression?

FFL — Sun, 10 Jun 2018 01:42:56 GMT

stay strong try to iggnor them you prombly much better then them so they might be jelly of that

Can my employer get rid of me becasue I have suffered depression?

White_Rose — Sun, 10 Jun 2018 02:19:32 GMT

Hello LL688

Are you a union member? This is the easiest option. If not go to the Fair Work Commission at this web address. https://www.fwc.gov.au/

Or the disability ombudsman. https://www.humanrights.gov.au/complaint-information

Copy and paste these addresses and go from there. Do not go to lawyer immediately. Apart from the cost these government organisations are supposed to uphold your rights.

No win/No fee is not exactly that. You still have to pay all their admin costs which can be huge, and if you lose may need to pay the other party's costs. Not the best option first off.

Mary

Can my employer get rid of me becasue I have suffered depression?

J-J — Mon, 18 Jun 2018 00:18:03 GMT

Hi Mary,

This isn't advice's as such, just a somewhat happy ending!

I was bullied by the owner of a business, he owned 5 Real Estate offices.

He bullied a lot of the staff and convince us that the office of fair trading knew him because they do random audits of Real Estate company as there is a high risk of fraud. He was known by Fair Trading and Fair Work for bullying.

Even tho I left in June of 2013, I still carry the fear whenever I hear loud voices.

The good news is he only has one office left.

One was flooded, two shut down and one sold.

So the moral of the story Karma gets people in the end.

I wished I had left sooner and gotten help so I didn't take my issues to the next office and gotten worse.

It may be time for you to move on before you burn your life completely.

Thank you for being brave to share your story and I know how frightening it can be to think is my illness going to get me fired.

Lot of love JJ

Can my employer get rid of me becasue I have suffered depression?

Mickii — Sat, 30 Jun 2018 10:35:05 GMT

I have read similar stories

There are actually lots of reports. Mostly about whistleblowers, who are bullied, developed depression, and are then terminated on "medical grounds". Some stories talk about fights in the Industrial Relations Commission, Workers Compensation Commission.....from what I read the outcome as far as maintaining your employment is not good.

Can my employer get rid of me becasue I have suffered depression?

demonblaster — Fri, 27 Jul 2018 00:40:08 GMT

LL688 hi

I hope as times moved on that you're finding some peace and have had some good results.

Reading back and it's probably too late now but could help someone else.

I yrs ago took an unfair dismissal to court but couldn't remember what numbers I'd rung. I ended up talking to a lawyer and knowing I had a good case he took me on to take his fee when I won which I did. I did a lot of ground work he said he reduced fee, dunno.

Anyway all the best to you in unfair rotten circumstances.