It does not prevent you from terminating someone subject to the law. In the same decision, the Court ordered an employer to pay $160,000 (including a $20,000 pecuniary penalty) for dismissing an employee in breach of those protections.The FW Act prohibits employers from taking adverse action against an employee (such as terminating their employment) where a “substantial and operative” reason for the termination includes the existence of a protected attribute (such as mental disability).With increasing awareness of mental illnesses in the workplace, it is more important than ever for employers to understand their obligations when faced with staff who have related or underlying mental health issues.Mr Robinson had been absent from work for seven months, including a period of approximately three months’ unpaid leave. He was subsequently terminated for inappropriate conduct. AA Insurance has issued a strongly worded statement, expressing its incredulity.One must be cautious about making any comment about this case on the basis of a few press reports.
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InIf the employee's performance or conduct is affected by a mental illness, the employer must determine whether it is a mitigating factor in the event of a conduct issue, or something that could be adverted by a reasonable adjustment in the context of a performance issue.In all circumstances, employers need to ensure that a fair process is followed prior to making a decision to terminate the employment of an employee with a mental illness. She brought an unfair dismissal claim.An employment tribunal upheld her claim. Information will be especially necessary where the symptoms prevent the employee from adequately carrying out their duties, or are relevant to the occupational health and safety of the employee as well as other workers in the workplace.Apart from a genuine need to obtain further medical information, it’s also necessary that the employee is informed about any concerns. The situation was exacerbated by the absence of any clause in Mr Robinson’s contract of employment, which could have clarified his obligations in this regard. Ultimately, Mr Robinson reluctantly agreed to attend, but Western never finalised the appointment times as they had proposed to do.Instead, Western proceeded to terminate Mr Robinson’s employment almost two months later, without an independent medical assessment.The termination letter referred to the employee’s failure to advise on a return to work date, his lack of cooperation with the employer’s requests and Western’s resulting In deciding that Western had discriminated unlawfully, the Court confirmed the following key principles:For more information and advice around mental health matters in the workplace, please contact our Employment, Safety and Migration team.In the same decision, the Court ordered an employer to pay $160,000 (including a $20,000 pecuniary penalty) for dismissing an employee in breach of those protections.The FW Act prohibits employers from taking adverse action against an employee (such as terminating their employment) where a “substantial and operative” reason for the termination includes the existence of a protected attribute (such as mental disability).With increasing awareness of mental illnesses in the workplace, it is more important than ever for employers to understand their obligations when faced with staff who have related or underlying mental health issues.Mr Robinson had been absent from work for seven months, including a period of approximately three months’ unpaid leave. Although the employee did not deny making the comments, he did state that he suffered from a bipolar disorder and that’s why he acted the way he did. In all circumstances, HR needs to ensure that a fair process is followed prior to making a decision to terminate
This can be done by remaining focussed on the performance or conduct issue at hand.It may be that there is medical evidence which establishes that there is no link between the misconduct or performance issues and the mental illness. It just prevents you from terminating the person because of her disabilities. Is your compliance regime built with sticks or bricks?Whistleblowers: What you need to know about insiders and confidentiality agreements.Now is the time to review your contracts of employment and annualised wage arrangements.Unconscionable lending and independent legal advice, whose responsibility is it?Mental health in the workplace not only affects individual performance, but it can also affect other employees. In this role the employee … It is possible lawfully to terminate the employment of an employee who has a mental illness.
There are many types of mental health issue. It found that the employer was responsible for the breakdown in her mental health as a result of mishandling her grievance, and so “…