Understanding Your Rights: Navigating Australian Employment Law with a Chronic Illness
As an employee with a chronic illness, it’s important to know your rights in the workplace to ensure you are treated fairly and in accordance with Australian employment law. In this article, we’ll explore how to navigate Australian employment law with a chronic illness and understand your rights as an employee.
What is a chronic illness?
A chronic illness is a long-lasting medical condition that generally requires ongoing treatment and management. Chronic illnesses can include conditions like diabetes, arthritis, multiple sclerosis, cancer, and more. These conditions can cause physical limitations, impact job performance, and require accommodations from employers.
Understanding Disability Discrimination Laws
Under the Disability Discrimination Act 1992 (Cth), it is unlawful for an employer to discriminate against an employee with a disability, which includes chronic illnesses. Discrimination can come in many forms, including:
– Refusing to employ someone because of their disability
– Treating someone less favorably because of their disability
– Failing to make reasonable adjustments for an employee’s disability
– Harassment or bullying of an employee because of their disability
If you feel like you have been discriminated against because of your chronic illness, you can make a complaint to the Australian Human Rights Commission.
The Duty to Make Reasonable Adjustments
Under the Fair Work Act 2009 (Cth), employers have a duty to make reasonable adjustments for employees with disabilities, including chronic illnesses. Reasonable adjustments may include:
– Adjusting work hours
– Providing extra breaks
– Changing duties or work tasks
– Providing assistive technology or equipment
– Changing the workplace layout or environment
Employers are only required to make reasonable adjustments that do not cause them unjustifiable hardship. If you feel like your employer is not making reasonable adjustments, you can seek advice from the Fair Work Ombudsman.
Disclosure and Confidentiality
Employees with chronic illnesses have the right to disclose their condition to their employer if they feel comfortable doing so. This can help ensure that necessary accommodations are made to support their performance and wellbeing.
Employers are required to keep an employee’s medical information confidential and only share it on a need-to-know basis. If an employee feels like their medical information has been shared without their consent, it may be considered a breach of privacy and confidentiality.
Conclusion
Understanding your rights as an employee with a chronic illness is crucial to ensure that you are treated fairly and receive the necessary accommodations to perform your job. By knowing the laws around disability discrimination, the duty to make reasonable adjustments, and the disclosure and confidentiality of medical information, you can navigate Australian employment law with confidence. Remember, if you feel like your rights are being violated, there are resources available to support you.
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