Workforce Discrimination for People with Cancer
Workforce Discrimination for People with Cancer
I feel compelled to write about my work experience since I was diagnosed with Breast Cancer some 8 years ago.
For the most part of my journey, my employer was very supportive and indeed I worked full-time for 6 years living with cancer. There were periods during those 6 years when I had to draw on my annual leave, sick leave and long service leave due to surgery, radiotherapy and regular chemotherapy. Despite my chronic illness, I was nonetheless still able execute my position well, and those not aware of my personal health challenge were none the wiser.
I am a highly skilled person, competent in business and marketing nonetheless given my illness and age, finding new employment is proving problematic. I have now succumbed to be my disease in that I can no longer work full –time. It was this reality that was a game changer for me with my employer in March 2012. This was when relationship and communication problems with my employer became a big issue. In my situation, I know that I was well regarded but because of this, my employer was not honest with me and effectively left me believing that I was still employed, on unpaid sick leave when indeed I had been “struck off the books” 12 months after taking up Income Insurance which precluded me from working. When I was told about this some 21 months after I went on sick leave, the explanation I was given was it was company policy. The fall out of this was extremely upsetting to me and has had a profound effect on my opportunities for employment. In January 2012 I approached my employer to seek approval to move to part-time work, which was agreed in principle but did not materialise which forced me to take my Income Insurance as I could no longer work full-time.
Effectively I was treated differently because of my disease which has affected me emotionally and financially. I have always had a career which I identified as a big part of me and I always gave 100% and indeed took on extra curricula activities within the organisation which I enjoyed as it kept me in touch with aspects of the business and allowed me to engage with other colleagues which I would not otherwise.
I believe that my employer showed no malice but was inept which has cost me. If they had implemented my part-time role, I could still we working, contributing pro-rata to my superannuation and still have my Income Insurance, I would not be on a disability pension, an independent earner and taxpayer and a contributor to the economy. Because of my early exit from employment, we had to draw on my husband’s superannuation pension which we have paid 15% tax, but the tax office deems it an income stream thereby its added to my husband’s income, forcing him into the next income bracket, so we are paying more tax even though our income has dramatically dropped and this money was only drawn on to pay for Kadcyla, a new drug for me that is not on the PBS.
The actions of my employer put my employment opportunities on hold as I believed I was on unpaid sick leave, not being told otherwise, believed I would return in some capacity once income insurance ceased. If an employer doesn’t want someone, let them know so they can seek other options and be prepared to terminate them in a lawful and fair way, not surreptitiously. Certainly do not give them lip service.
It is regretful that in my experience, my employer was not prepared to sit down and discuss my situation, so I had no option but to seek legal advice and my case was heard at Equal Opportunity. We came to an agreement but in my mind this should not have gone this far. I understand why people don't make complaints, including not knowing their employment rights and/or not having the time or energy to make a complaint which could take months or even years to resolve. The cost and effort involved in pursuing legal action (or what is perceived to be involved) outweighs any potential beneficial outcome. I would say in my case, even though it was heard at Equal Opportunity, my major gripe was in relation to being entitled to notice of termination of employment which comes under Fair Work Australia wrongful dismissal . Because my employer removed me from the books surreptitiously, the 21 day window to lodge as an Unfair Dismissal could not be done, as I was not aware that I had been terminated. Perhaps this 21 day window to lodge a wrongful dismissal needs to be reviewed.
Cancer remains a leading cause of death in Australia but the survival rate for many common cancers has increased by 30% in the past two decades. Screening services and treatment options have improved so people are living longer in relative good health. I am testimony to this and I still lead a full and productive life.
I do not completely blame my employer for my predicament, indeed I believe the law needs to work better for people affected by cancer. I believe the extent of employment problems (including discrimination) for people affected by cancer and their carers; people's knowledge and understanding of their employment rights; employers' compliance with employment laws; and whether the existing employment complaints processes are working for people affected by cancer needs to be revisited. Currently cancer is considered to be a disability under anti-discrimination laws, which means that reasonable adjustments are made so people living with cancer are not disadvantaged at work. A diagnosis of cancer has significant implications for a person's work, for example: long periods of leave for treatment; the physical and emotional toll of cancer treatments affecting a person's ability to work; and the potential for unfair treatment on the basis of their cancer diagnosis or history. Through my own experience and talking to fellow cancer survivors, I am aware problems are not uncommon where people with cancer are encouraged to leave their jobs, or having their terms and conditions altered, to their detriment, upon their return.
Assessing the extent of employment problems for people affected by cancer is a challenge. Recommendations for Education programs for employers, people affected by cancer and their colleagues on the effects of a cancer is needed. A legal framework outlining the rights and responsibilities that apply when an employee or potential employee is affected by cancer and a need for practical solutions to common problems is needed.
I am now on a disability pension, which is something that doesn’t sit easy with me. I have always been independent, I have exhausted my own personal avenues for income to pay the bills, a pension is my last option.
I find my situation concerning on many fronts. We are all being encouraged to work till 70, yet people who are surviving cancer or living with cancer are discriminated against, despite their skills. As technology keeps us living well despite our underlying disease, we are finding we cannot work. I know I have something to offer, yet as a society we are currently unable to accommodate anything that is different from common workplace practices. This has to change.
As it stands, your job won’t take care of you when you are sick. Your friends and family will. It would be fantastic to see a flexible workforce, where people who have something to offer in the workplace is encouraged to stay rather than eat away at their life savings and ultimately find themselves prematurely on a pension. For a person who was held in high regard in their workplace and capable contributor albeit in a part-time capacity, this is a hard pill to swallow. I am dealing with cancer and my medical team are doing a fantastic job keeping me well. I can’t say the same for everything else.
Karen
South Morang, Melbourne
Age 57
Comments
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Hi Robyn,
I am glad yoy enjoyed the read. I know this subject is part of BCNA's KPIs so I hope it gets some legs.
I really hope so..
Take care
Karen Cowley
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Hi Karen ,
This recently happened with me , I had a breast reconstruction in 2012 which was very complicated and last minute failed in May 2013 and had to have a lat dorsi on my right which led me with more complications and significant loss of range of movement and complex regional pain syndrome . I was discussing return to work in April this year but needed further tests investigations and rehab to gain movement . My workplace sent me a letter late June saying if I did not return within 2 weeks on a return to work plan they would terminate . My GP didn't like the plan they wanted so they send me a letter one week later giving me 4 days notice to terminate and they did . There behaviour was disgusting especially because they knew my issues . I've lodged unfair dismissal and am looking at claiming my TPD insurance through super .
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what a horrible time you have been through and what an eye opener your post is. I had no idea that an employer can terminate your employment and not tell you?
Honestly that just doesn't seem legal to me, but as you have explored avenues it seems that it is.
Many of us take leave and go on income protection and for me I felt that I was secure throughout that period, it seems not.
I wish you well moving forward.
Donna
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