|
The information in this section has been developed to help you understand your rights at work.
As an employee with disability you have the same rights as other employees to a safe, discrimination and harassment free workplace.
You have the right to workplace modifications or “adjustments” that minimise the impact of your disability in the workplace.
Some of these rights are defined under the (C’wealth) Disability Discrimination Act (DDA) 1992 and state based anti-discrimination laws. The DDA makes it unlawful to discriminate against people with disability in employment. This includes recruitment, employment benefits, terms and conditions, termination or dismissal. For a detailed summary of the DDA in relation to your employment see: http://www.hreoc.gov.au/disability_rights/employment/employment.html
Workplace Adjustment
The DDA states that whenever it is necessary, possible and reasonable, employers should take into account your disability and make appropriate (reasonable) adjustments to the work environment to accommodate your needs.
Adjustments may include changes to interview arrangements, work practices, communication, alteration to facilities, change to rules, transfers, promotions or staff training.
What Adjustment is Reasonable?
There is a limit on reasonable adjustment. An adjustment or modification is not considered reasonable if it results in “unjustifiable hardship.” The concept of “unjustifiable hardship” is yet to be thoroughly tested by law.
Each case of unjustifiable hardship is considered on its merits, taking into account the cost of the adjustment required, compared to the entire organisation’s financial situation. Also considered is whether the adjustment will result in substantial benefits to others who do not have disability.
Workplace Modifications Scheme
If you disclose your disability you may wish to discuss with your employer the types of adjustment you require.
The government offers financial assistance up to a capped amount under the Workplace Modifications Scheme. Examples of modifications include: TTY telephones, moving workstations, installing air cleaning equipment. http://www.jobable.gov.au/openemploymentproviders/WMS.asp
Harassment
As an employee with disability you have the right to a harassment free workplace. Examples of harassment on disability grounds include:
insulting or humiliating comments or action about disability abusive behaviour towards employees with intellectual disability creation of a hostile environment through words or action disparaging remarks to employees who have made compensation claims.
Occupational Health and Safety (OH&S)
All employers have a legal obligation to provide safe and healthy workplaces and to safeguard against potential health and safety risks for all employees.
Employers' Obligations for OH&S and People With Disability
In considering your safety at work your employer will need to review each situation on a case-by-case basis. The DDA does not cover all of your employer's obligations. They may have more extensive obligations under other laws, including:
state and territory discrimination laws laws about rehabilitation or compensation of employees following an injury or illness laws about protection of health and safety laws about unfair dismissal.
OH&S Under the Disability Discrimination Act
As an employee with disability you are entitled to equal protection of your health and safety, including:
access to information about reasonable adjustments training for any equipment required for reasonable adjustments safe facilities and work procedures for all employees.
Employees' Obligations for OH&S
The DDA provides that the ability to work safely must be accepted as being among the inherent requirements of any job.
If your disability could reasonably be seen to cause a health and safety risk for other people in the workplace, failing to disclose that risk could be a breach of your obligations under the Occupational Health and Safety Act
Disclosure and Privacy
Providing information about your disability to your employer may involve disclosing sensitive personal information.
State and federal privacy legislation requires organisations to protect all confidential personal information, including information about an individual’s disability.
Your employer needs to obtain your written consent in order to share information about your disability with any other people within your organisation (eg. Human Resources).
Making a Complaint
Complaints of discrimination and harassment based on disability can be made to the Human Rights and Equal Opportunity Commission (HREOC). HREOC will investigate a complaint which may lead to either conciliation settlement or a hearing and determination.
See Human Rights and Equal Opportunity Commission http://www.humanrights.gov.au/
Complaints can also be made to state authorities (such as the NSW Anti-Discrimination Board) who administer state based anti-discrimination and equal opportunity acts. See the links below for further information.
NSW Anti Discrimination Board http://www.lawlink.nsw.gov.au/lawlink/adb/ll_adb.nsf/pages/adb_index
Equal Opportunity Commission Victoria http://www.equalopportunitycommission.vic.gov.au/index.asp
Anti Discrimination Commission Queensland http://www.adcq.qld.gov.au/
Equal Opportunity Commission Western Australia http://www.equalopportunity.wa.gov.au/
Equal Opportunity Commission South Australia http://www.eoc.sa.gov.au/public
Northern Territory Anti Discrimination Commission http://www.nt.gov.au/justice/adc/index800.html
ACT Human Rights Office http://www.hro.act.gov.au/index.html
Tasmania Office of the Anti Discrimination Commissioner http://www.antidiscrimination.tas.gov.au/
|
