Knowing your legal rights and responsibilities for mental health

When looking for work or starting a new job, it is important to understand your rights, especially when it comes to mental health. This can help you feel safe, supported, and confident about what you can ask for. This article will explain some of the key legal rights and responsibilities you have as a worker living with a mental health condition.

Your right to fair treatment

In Australia, discrimination against people with mental health conditions is not allowed. This means:

• You cannot be refused a job just because of your health
• You cannot be unfairly treated or dismissed because of your condition
• You have the same workplace rights as anyone else

If you feel you have been treated unfairly, there are services that can help. Your consultant can guide you on who to contact.

Your right to support at work

You can ask your employer for changes that will help you do your job. These are called workplace adjustments. Examples include:

• Flexible working hours
• Time off for medical appointments
• Extra training or written instructions

Most employers want to help, but if you are not sure how to ask, your consultant can support you with this.

Your responsibilities as an employee

As an employee, you also have responsibilities. These include:

• Doing your job to the best of your ability
• Following workplace rules and safety requirements
• Communicating with your employer if you need support

Where to get help

There are many services available to help you understand your rights, including:

• JobAccess
• Fair Work Ombudsman
• Legal Aid in your state or territory
• Your DES/IEA or WFA consultant

Knowing your rights and responsibilities can give you peace of mind when starting or returning to work.

If you would like more support, talk to your employment consultant. They can help with job search tips, career advice, and connect you to extra services if you need them. You do not have to do this alone.

Reach out to CoAct today.