Reasonable adjustment does anyone know?

[Marina22]

HiI have returned to work after an extended period of leave due to anxiety and depression. While it was work related I am still going through the appeals process with workcover so had to use my own leave. Part of the reason I was off work for so long was my employer insisting on their own assessment before I returned, despite my doctor having cleared me to return albeit with a restriction/ reasonable adjustment. Getting back to work was a nightmare and involved having to raise a level 2 complaint with workcover (who I must say were fantastic). My problem is that my restriction involves not working under the same management team as they are the source of my anxiety, so at the moment I am on a temporary placement elsewhere but its not my substantive position and unless my employer changes my reporting line I face the prospect of successive temporary placements, probably with weeks between them when i will again be forced to use my own leave or go without pay. What I am wondering is under the DD Act, is my employer required to comply and move me to another manager? Reporting to the section manager is the only inherant requirement of my position that I am unable to meet but would be able to if this adjustment was made. There are 3 other positions exactly the same as mine, all reporting to their own manager. My workplace is undergoing a restructure right now and as part of that it should be possible to change my reporting line but my employer is still not agreeing to comply with my adjustment. Are they required to comply? My employer is not covered by the Fair Work ombudsman so I cant get assistance from them and the constant battle with HR and uncertainty around my future is steadily increasing my anxiety levels again. While I dont think Ive been rude to HR I have certainly expressed my frustration at being constantly passed back and forth between people and being given conflicting and unhelpful advice while being kept in the dark about whats going on. The best they can come up with is find another job in the cluster. Im in my mid 50s and with a recruitment freeze on thats just not possible. The other piece of advice is talk to your manager....the very person who is the source of my anxiety!

[Mathy]

Hi Marina22,

I can’t think of an employment area that isn’t covered by Fair Work Australia. Do you have access to a Union?

I work under an EBA, so without being a Union member, my avenue for complaint/redress is via Fair Work, which I don’t believe is as useful as a Union. Therefore, I’m currently seriously thinking about joining the Union, as they most definitely have more clout in these sorts of situations. Especially when they act in unison with HR.

Can you give us a bit more information? I appreciate that your current work situation is difficult and frustrating, especially when you’re trying to heal from a work related incidence of anxiety/depression. I’m pleased that WorkCover have been very helpful for you. Cheers M 🙂

[Sophie_M]

Hi Marina22, welcome to the forums.  This sounds like a complex situation with no easy answers.  While we can't provide you with legal or legislative advice here on the forums, we can certainly provide support around how to manage your anxiety and depression during this time.

For information on how reasonable accomodation works, please see the Heads Up website below. There are some useful resources and numbers on there:

https://www.headsup.org.au/your-mental-health/working-with-a-mental-health-condition

[White_Rose]

Hello Marina

I used to work in HR and also managed workers rehabilitation amongst other things. It has been ten years since I retired and I know WH&S legislation has changed since then. However there is, or was, A Code of Practice on reasonable adjustment which hangs off, so to speak, the relevant WH&S Acts. Each state has their own WH&S legislation and I suggest you search there first. You could also search the ComCare site.

In essence Reasonable Adjustment applies in two areas. The employment of people with a disability and making reasonable adjustment in the workplace to allow that person to be employed. This also relates to the various Anti Discrimination Acts. The other area is in your situation.

Your employer has a responsibility to keep you safe in the workplace. That is legislated in all the WH&S Acts. It would include such things as supplying safe equipment, providing protective clothing, making sure the workplace had no hazards etc. It also applies to workers returning to their workplace after an accident or illness. Mental health is part of the duty of care.

I am giving you this information from my work experience. As I said much of the legislation has changed and I have not kept up with it. I am presuming the underlying tenets remain the same but I don't know if this is the case.

If you can find the current Code of Practice for your state I think it will be useful. Part of the adjustment is what is reasonable for the employer as well as the worker. For example installing a lift so a worker had no need to climb stairs may be reasonable in a large company (though you would expect one was already installed) as it would be used by many other workers. In a small company it may be unreasonable because of the high cost involved in buying, installing and servicing a lift and the small use involved.

I'm not certain, because I have not come across this particular situation, why you would need to be out of work between temporary jobs. That's your employer's duty to give you continuous employment. If you cannot swop jobs to work with another manager then I think it is the employer's responsibility to retrain you to take on another position of equal responsibility and pay. These are just my thoughts. Do you belong to a union?

Ten years is a long time to be out of the workforce and as I said, legislation has changed significantly in this time and area. Contact your state Workplace Relations office for accurate information. Please keep me up to date.

Mary