Demoted after return to work

Marisa* lives with chronic Dysthymia, which is a persistent type of depression.  

Marisa was employed on a full-time basis in a manager’s role. After working in the role for approximately two years, Marisa experienced an acute mental health crisis requiring a 4-week hospital stay.

When she tried to return to work, her employer declared her unfit for the role and instituted a return-to-work plan that caused Marisa to be demoted to the role of assistant manager in a part-time capacity. 

Marisa lodged a complaint of disability discrimination with ADNSW.

ADNSW investigated the complaint by obtaining relevant information from both parties.

Marisa said her employer had in effect dismissed her from her substantive position. She said she had tried to prove her ability to continue in the manager’s role. Marisa said her employer had threatened her with disciplinary action if she did not provide proof of attending a day treatment program as recommended by a health professional. Marisa said that due to the significant drop in pay she was unable to afford the recommended treatment program.

Marisa said the stress of her employer’s actions caused her to resign. Marisa was later able to find work in a different field.

Marisa’s employer denied that it had discriminated against her because of her disability. The employer said that she voluntarily accepted the assistant manager’s role, which they said was consistent with Marisa’s own treating doctor’s advice for her return to work. Marisa disagreed that the advice of her treating doctor required a permanent change of this type to her working conditions.

The matter was resolved at a conciliation conference when Marisa and her employer agreed to the following:

• An apology to Marisa for her experience,
• An email communication to all employees alerting them to applicable workplace policies, including anti-discrimination, grievance policies and an employee assistance program,
• A general damages payment to Marisa.

* Name has been changed to protect the privacy of the individual