VIC Forced me to resign due to mental illness

Discussion in 'Employment Law Forum' started by Murali1201, 2 January 2019.

  1. Murali1201

    Murali1201 Member

    2 January 2019
    Likes Received:
    Hi Team,

    I was forced to resign when I approached for a leave related to mental illness.

    I was not offered any reasonable adjustments and as per the law I think even leave is considered as reasonable adjustment.

    I have a mail evidence from my manager that he accepted my resignation based on medical advice to get treatment overseas. My family is located overseas, so I wanted to stay with my family for the treatment and to get some moral support from them. So without any other option left I have resigned the job voluntarily in Feb 2018, recently I raised a complaint with Human rights of Australia and the complaint was accepted. I requested for a job again and some compensation amount.
    Prior to resigning I have submitted medical certificate which states that I suffered from mental illness. Even my management is aware of the health condition . My employer is one of the reputed names in Australia with more than 10,000 employees. What are the chances of me getting my job and compensation amount

    Could you please advice me on possible outcome.

    I left Australia due to this and currently staying overseas.

    I Could not pay my credit and personal loan.

    I left everything as it as and came back to my family .
  2. Rod

    Rod Lawyer
    LawTap Verified

    27 May 2014
    Likes Received:
    What was the employer's response when you asked for leave?

    This may go against you. The employer may be doing the correct thing in accepting a resignation from someone who is saying they have a mental illness. But there is not enough detail to be sure and you may need to see/contact a lawyer, in Australia. You are already will past the 21 day deadline for matters involving a dismissal, and while you may have a valid reason seeking leave to appeal the extension, 10 months is a high hurdle to jump without medical evidence covering all the 10 months.

    I'd wait until the HRC conduct their investigation and get back in touch with you.
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