Employment and Mental Health
Do I have a right to employment?It would be impractical and perhaps illogical to say that a person has to be given a job because it is their right. However, it could be said that all people should have equal opportunity to work and to pursue financial security to the best of their ability. Australia is a signatory to the International Labour Organization’s Discrimination (Employment and Occupation) Convention. This convention speaks against discrimination in employment, including discrimination on the basis of disability.
How can I find appropriate employment?There is no simple answer to this. Finding a job often entails a lot of patience and a lot of perseverance. Job hunting can be daunting for people with a disability – including people with mental health issues – as they often have self-esteem issues or are concerned that their disability will overshadow their ability. Here is a small list of the types of people who may assist you in finding employment. Please see our Contacts section for their details. You should contact them for more detailed information.
Careers Advisors/CounsellorsMost tertiary institutions have a careers service that provides advice to students in areas such as resume writing and interview skills. These services often provide listing services which advertise full-time and part-time jobs which may interest students. Most careers services provide personal assistance to students who wish to talk through their options. It can often help to talk through with someone where you would like your career to go and discuss the options open to you for reaching your goals.
Centrelink Disability OfficersCentrelink has specially trained staff who conduct assessments and provide assistance to people with a disability who are seeking employment.
Job NetworkThis government-funded organization provides assistance to people with a disability who are seeking employment and have no ongoing support or rehabilitation needs.
Commonwealth Rehabilitation Scheme AustraliaThis service provides employment assistance and vocational rehabilitation for people with a disability entering employment.
Disability Open Employment ServicesThese are government-funded employment services that provide assistance to people with a disability who have ongoing support needs to enter and maintain employment.
What if full-time employment is unsuitable for me?People work part-time for many reasons, for example having study or carer commitments Some people with a disability find working full-time too physically demanding, tiring or stressful. People who do work part-time still contribute a great deal to their workplace and its goals. Workplaces are becoming increasingly flexible and more ready to come to alternative arrangements with staff such as job sharing or allowing staff to work from home. Australian working culture is evolving and employers and employees alike are realising that alternative arrangements do not mean sub-quality work.
As will be discussed below, disability discrimination law recognises that in some circumstances an employee with a disability may require a reasonable adjustment in the workplace to carry out their job. As long as the adjustment doesn’t cause your employer unjustifiable hardship (for instance, cost a lot of money and not benefit other employees), your employer has a duty to make the reasonable adjustment. Working reduced or more flexible hours may, in some circumstances, be a reasonable adjustment.
What if I need to take time off work because of my disability?We all need down time due to illness or feeling worn out. You also need time to see doctors or you may be unable to attend work for reasons associated with your disability. Most employees in New South Wales are entitled to leave.
Sick LeaveThere is no statutory entitlement to sick leave, however the most industrial awards and agreements allow employees sick leave for employees. Sick leave is generally paid. It is best to look to your industrial award, enterprise agreement or employment contract for information as to your leave entitlements.
Annual LeaveEvery full-time or part-time employee in NSW is entitled to a minimum period of paid leave after each year of employment. Employees are entitled to four weeks paid leave each year that they work, usually with an annual leave loading of around 17.5%. You can take your annual leave in one block or in two shorter blocks. Some employers allow employees to take leave in a number of shorter blocks and you should discuss this with your employer if you feel you may need more frequent breaks from your work to recuperate and relax.
Leave without payYou may also have the option to take time off from work without pay. Many employers are happy to negotiate periods of leave without pay.
Other LeaveMany employees are also entitled to other kinds of leave, such as long service leave and parental leave. For information on your entitlement to these, talk to your employer or trade union.
Can I be sacked for taking too many ‘sick days’?Employees who are under a Federal Award can make an unlawful termination claim to the Australian Industrial Relations Committee (AIRC) if they believe their employment was terminated for a “prohibited reason” under Section 170CK of the Workplace Relations Act (Cth). This includes sacking an employee for temporary absence from work because of illness or injury within the meaning of the regulations. Temporary absences can mean one absence of no more than three months or a number of absences which do not total three months within a twelve month period. This means you cannot be sacked for taking up to three months off due to illness or disability. Under the new NSW Industrial Relations Act the same protection is now available to employees covered by State awards.
