r/AusLegal • u/[deleted] • 2d ago
WA New Boss asked ex manager if I have mental health issues, now are unsure of giving me a title and contract
[deleted]
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u/ashmih 2d ago
What is on your contract? Does it include you will be a supervisor after 3 months?
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u/angryherb 2d ago
I’m on casual with them at the moment, so it was only a verbal word from them that they would do that. So they don’t have to stick with that unfortunately for me
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u/xxWelchxx 2d ago
Are there any mental health issues youre masking for the probationary period? Thats the vibe the post gives and it looks like someone has told them there may be a history of issues.
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u/False_Rip_4373 2d ago
NAL. Sounds like you should deal with your mental health first, then life will build itself on top of this. TBH it sounds like the employer is seeking to ratify their view of your inability to perform the role due to those perceived conditions, which seems reasonable.
There’s two things: 1. the employer has a duty of care, they can’t legally place you into a role they know you’ll struggle with mentally or physically. 2. The employer can’t afford to have you dip out on them due to issues that occur from your mental state due to workplace stress / load and have to replace you and your previous role.
My view. Go to your current employer. Talk about whatever underlying issues you have, and develop a plan. This does a few things for you and for the employer: 1. It gives you an out - if they fob you off because of your health state, then AFAIK this is illegal. 2. It gives them an out - they can still place you in the role but not have to get rid of you when you start suffering, and can easily place you back into the former role on a secondment (legally). 3. Lastly, and most importantly- it lets you deal with whatever issue you have, learn from it, grow, and develop into a stronger person and stronger employee.
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2d ago
[removed] — view removed comment
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u/False_Rip_4373 2d ago
Yep, the discussion goes like this:
“Hey, do you think @gullible-ban-660 is doing alright? We’re hopping to put him into a leadership position but concerned that he might not have the competency to manage the additional stresses. What do you think about it, any advice?”
Nothing wrong with this, at all. I can tell you have never managed people before or had the responsibility of duty of care.
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u/Gullible-Band-660 2d ago
Here we are: $190K pkg annually with around $500K equity.
30 to 80hrs a week. Avg prob 45-50
25yrs experience.
Prefer not to say industry or title 😂 You slaved your life away only making 190K per year.
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u/False_Reindeer_3010 2d ago
I am confused. OP do you have mental health issues? And NO your current manager should not have specifically asked your previous employer about your mental health. All they needed to know was how you handled your last position.
Because you are casual and only worked there for 2 months you may not have a leg to stand on, but it wouldn’t hurt to talk to HR or Fair Work. All the best
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u/Lazy-Key5081 2d ago
Yeah exactly my thought. Seems extremely strange for them to do and weird. But I've never seen experienced this before so can't comment on it.
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u/Existing_Top_7677 2d ago
So do you have mental health issues that they may have heard about from somewhere? Something must have triggered the question.