VIC Unfair dismissal/discrimination

[emmakate]

Hello,

In mid April this year I feel that I was unfairly dismissed based on discrimination of mental health.

I did the right thing and spoke about my mental health issues which I had recently been diagnosed with (depressive bipolar & anxiety) with management and requested some changes as some parts of my job were exacerbating my some symptoms I was having. No changes were made, my requests fell on deaf ears and was told that it was just the nature of my job and that was that.

After 4 months of employment (still in my probationary period) I was fired and was given a number of reasons as to why, all of which linked back to my mental health and in my opinion occurred due to the company not taking any of my requests into consideration. I was never given any warnings or spoken to about these incidences by management other than when I explained how some aspects of the job were affecting my health. It was unexpected as I worked very very hard in my position and had a great relationship with colleagues, management staff and clientele alike. I didn’t deal very well with being let go and in the following weeks my mental health declined, coupled with my lack of knowledge of employment law I didn’t make an unfair dismissal claim within the 21 day period.

As I’ve started to get on top of my health and spoken to those around me it seems I should have made some sort of claim. Is there any legal paths available for me to pursue even though 3 months has passed or has that ship now sailed?

Thank you in advance

 

[Rod]

I don't like your chances.

You have two large hurdles:

1. Less than 6 months employment
2. Over 21 days from loss of job.

You can't be unfairly dismissed under the FWA when you have < 6 months employment.

May be possible to make a general protections claim but you still have the 21 day window problem. If you have doctor's reports showing you were unwell for most of that time you may get into the next stage. BUT discrimination claims are not easy to win.

No idea of your chances without reviewing the detail.

 

[Deleted member 17143]

Hi I read your post. 2 colleagues had similar experiences.
One pursued it, had legal expenses, it affected him with anxiety pursuing it and also affected further job prospects. He was paid out but felt it did not equal the stress of pursuing it.
He is still suffering anxiety and Jo hopping.

The 2nd let it go, took time out to address the problems, had similar problems with his next job and then took time out again and a career change from a stressful career to carpentry. He is now very happy, his business is doing well and he has no stress.

It is a dilemma but sometimes moving on alone is the less stressful course.