Launch: Workers with Mental Illness: a practical guide for managers

The Hon Catherine Branson QC, President, Australian Human Rights Commission

27 May 2010

Introduction

I would like to begin by acknowledging the traditional custodians of the land upon which we meet, the Gadigal peoples of the Eora nation, and pay my respects to their elders, past, present and future.

I am delighted to have the opportunity to launch “Workers with a Mental Illness: a Practical Guide for Managers" this afternoon, and to speak with you about the history and development of what I trust will be a valuable resource for employers throughout Australia.

If we can ensure successful and productive employment for those Australians living with a mental illness our places of work will be not only more inclusive, they will be more productive. This guide sets out practical steps to be considered by all employers when confronted with mental illness in the workplace- a subject met with a great deal of misunderstanding and stigma in the past. I am confident that the guide will prove to be a valuable tool in the hands of employers, helping them understand the issues surrounding mental illness, and providing them with strategies to ensure that their workplace is a more accepting workplace.

The guide is not a silver bullet;- an easy solution to a perceived conundrum. Rather, we see it as a scaffold which will assist the construction of a fairer work environment. We hope that it will demystify what are, in truth, common illnesses and foster some much-needed understanding. 

The United Nations Convention on the Rights of People with a Disability

The United Nations Convention on the Rights of People with a Disability, or the DisCo as it has become known in Australia, makes specific reference to the issue of employment, and the rights of all to a fair workplace. It calls on State parties to recognize that those with a disability (in this case, those living with mental illness) have the same entitlement as others to earn a living "by work freely chosen or accepted in a labor market".



Furthermore, the convention calls on State parties to ensure that they "prohibit discrimination on the basis of disability with regard to all matters concerning all forms of employment, including conditions of recruitment, hiring and employment, continuance of employment, career advancement and safe and healthy working conditions."

Those with a disability are also entitled, on an equal basis with others, to have their right to just and favorable conditions of work protected.  This right encompasses equal opportunities to, and equal remuneration for, work of equal value, safe and healthy working conditions (most notably including protection from harassment) and redress of their grievances.



It is in the spirit of the DisCo - although sadly lacking the loud rhythmic music and mirror ball - that this Guide for Australian employers is presented. The guide strives for acceptance and inclusion rather than tolerance-  an aim which is, I am sure, shared at this conference. Acceptance and inclusion will ensure that Australians living with a mental illness have their needs considered and are allowed to play a productive role in our workplaces. This will benefit not only them, their families, their support networks and their co-workers, it will also benefit our nation’s economy.

Complaint Handling at the Commission

We all know that it can be challenging and disheartening not to be accepted and included.  It can also be damaging. The Commission’s complaint handling staff see this regularly as they seek to conciliate complaints made by employees about discrimination on the ground of mental illness.  Most of these complaints have a common cause: a lack of employer understanding.  

Among the many employer strategies presented in the new Guide are those of maintaining workplace flexibility and awareness. The importance of these strategies can be illustrated by reference to a complaint that came to the Commission for conciliation. The complaint concerned a woman employed by the public sector who complained that she was overlooked for advancement because she had experienced some anxiety attacks. A solution to her workplace issues involved the employer arranging for her to submit a new application for advancement, and providing her with project work in order for her to strengthen her application. Several of her co-workers were also given the opportunity to undergo training on mental health issues in the workplace.

Mental illness and violence

A common public perception of mental illness is of an unstable individual who is a danger to themselves and others. The research supporting this Guide shows that this is simply not the reality. The vast majority of Australians with a mental illness are more likely to become the victims of violence than perpetrators of violence. However, as it is important to safeguard the wellbeing of all staff members, the guide provides examples of how a workplace can cope should an individual becomes aggressive towards themselves and others.

Mental illness and understanding

Employers will find the Guide particularly useful when faced with staff members with illnesses they may not fully comprehend. It is important to remember that even the most stigmatized of mental conditions are treatable and manageable with the correct care and medication. Often, the key to diffusing potentially discriminatory situations is the understanding of the individual of their own needs – this might be quite different from the employer's perception of their condition. Sometimes, misunderstanding will be a problem on both sides – with the employee having to deal with unclear guidelines as to job requirements. 

The Commission saw an example of a misunderstanding of this kind when conciliating a complaint made by a man with schizophrenia. He claimed that he had been discriminated against when applying for a job as a food processing worker. His complaint was settled when he was advised that he had misunderstood the requirement for medical clearance for the job – the requirement was not concerned with his condition -  what was required was a health clearance for working with food and that the man had indeed been approved to commence work.

The Guide emphasizes that one solution will not fit all. It encourages employers to seek solutions which best suit them and their employees, with a view to creating the best possible workplace for each manager and each set of staff.

Acknowledgments

A guide such as this is not prepared without contributions from a range of organizations. Whilst there are too many of you to name now, your contribution has been acknowledged in the guide, and I want to take this opportunity to thank you for it.  I would like to mention, though, Anna Mungovan of Equity Matters, who authored the guide, and Cristina Ricci, from the Commission staff, who negotiated all of the changes necessary before it reached finality.

Conclusion

My message today is that the workplace rights of those living with a mental illness are simply elements of the fundamental human rights which we are all entitled to enjoy.  The Guide invites all employers to take the time and thought to ensure that each of their workers has access to freedom of opportunity and expression, freedom from discrimination, and freedom from fear of harassment on the basis of their disability. The Guide also stresses a person's right to withhold information regarding their disability; which is a basic element of an individual's right to privacy and dignity.

Today, we ask that Australian employers join us in our effort to achieve a strong human rights culture in every workplace in the nation. This guide should be a valuable resource in achieving that goal. It will be downloadable from the Commission's website, and I urge you to both utilize it, and make others aware of it.

Thank you for the opportunity to launch this guide.