The case of magistrate Jennifer Betts, who explained to the NSW Parliament Wednesday how a mental illness was central to the behaviour that has put her job on the line, is a cautionary tale for workplaces everywhere.
Mental health issues are as prevalent in the workplace as their complexities are poorly understood by senior management.
Ms Betts, 55, has asked MPs not to discriminate against her because of a depressive illness. Only parliament can dismiss an appointed magistrate.
She told MPs that she had taken medication for depression since 1995 but stopped in 2009 – a period of time that relates to two of the four complaints made against her. Ms Betts said she was medically fit for work and pointed to her many successful years of service.
She told the MPs: “I now understand that I am a person who needs to take medication for life and I undertake to do so.”
“In reality, all judicial officers are at risk of succumbing to the stresses of judicial office, not just those who suffer from a medical condition such as depression,” she said. “Those of us who have had such a condition should not be discriminated against because of it.”
Next week magistrate Brian Maloney will also face MPs to explain why he should not be dismissed. Mr Maloney has disclosed that he has bipolar disorder.
Ms Betts and Mr Maloney are not alone in the legal profession when it comes to experiencing a mental health challenge. Research suggests that one in three lawyers will suffer depression to the point of debilitation at some point during their career.
In response, five of the top law firms banded together last year to roll out the Resilience@Law program to help de-stigmatise depression and raise awareness about its symptoms.
The program included a DVD featuring senior lawyers speaking openly about their experiences with depression including alcohol abuse and thoughts of suicide.
The initiative was presented at staff events around the country by managing partners and other senior staff from Freehills, Mallesons Stephen Jacques, Allens Arthur Robinson, Clayton Utz and Blake Dawson. As part of the program, the College of Law this year started teaching a module about depression to law students.
The law firms realised that their people were crucial to their competitive edge.
Not all employers are so well informed but should be. I recently spoke at a gathering of HR managers that ended in a discussion about the challenge of assisting an employee with a mental illness while also protecting staff from the impact of that illness.
One HR manager spoke of how grateful he was that he attended a mental health first aid course prior to an incident at his workplace. “I wouldn’t have had any idea of what to do otherwise,” he told the group.
Nor are Ms Betts and Mr Maloney alone in trying to manage a mental health issue while holding down an important job.
Last December the Australian Graduate School of Management released the results of research that suggested that while 20 per cent of the population would experience a mental health issue in their lifetime, the rate for corporate executives was 40 per cent.
Malcolm Dunn, director of Executive Development Services at AGSM told me back then that the execs taking part were high performers who had volunteered for the research.
He said many of Australia’s business managers and executives were “in distress” that manifested as anxiety, depression and other personality disorders like narcissism. The men taking part in the research scored higher on hostility, depression and psychoticism while the women scored higher on anxiety.
What about the people who report to them? In talking to experts about this topic the one thing that never comes up – unprompted at least - is the impact on employees working for a manager experiencing a mental illness. Or the legal exposure this might create for an organisation that dismisses complaints about a manager with: “that’s’ just his/her operating style” or “I think there is a clash of personalities going on.”
I can think of four people off the top of my head who have sought treatment for depression themselves after working for a senior manager displaying behaviours such as aggression, extreme moodiness, erratic decision making or an inability to make a decision. In two cases the senior manager eventually sought medical treatment.
The head of Harmers Workplace Lawyers Michael Harmer says such cases are already going on but that organisations opt to settle the matter with an individual rather than see their entire workplace culture put on trial in a public court case.
He advises employers to be prepared to intervene if they see a senior manager struggling but to do so with sensitivity to protect the person’s privacy and to ensure they are not stigmatised. In cases where the person is the CEO then the board should intervene. “Arguably it is the people at the top that are most prone to depression,” he says.
Mr Harmer also urges employers to bring their paper policies to life with training and education including for all managers who have responsibilities as individuals under Occupational Health & Safety laws and to also promote a culture where employees are free to speak up.
“We have one matter on at the moment where an executive was described as ‘gutless’ to senior management for taking sick leave,” he said. Mr Harmer said a second employee witnessing such a reaction might decline into severe illness or even attempt suicide rather than take time off to get help and that could expose the employer to punitive damages set by a judge wanting to send a warning to all employers.
RUOK? Day and the awareness created by organisations such as Beyond Blue and the Black Dog Institute are great but employers need to know what to do if the answer is an employee is not ok. Organisations also need to create a culture where it is ok to be not ok.
Probably wishful thinking on my part.
Facebook Recommendations
Read all about it
Punch live
Up to the minute Twitter chatter
Ukraine song pinches chord progression from The Verve's Bittersweet Symphony. Fo real #sbseurovision
RT @GerardDaffy: @antsharwood all the talk over there is the grannies will win.they entered to get a church built,feelgood story
Recent posts
The latest and greatest
Abbott’s crass logic: trash the Parliament in order save it
An email was sent to almost every politician in Australia this week saying that someone should cut off…
Our special forces don’t always need special treatment
We admire them, but we’re not entirely sure why. We allow them to operate in the shadows; we rarely…
A good holiday is about unrest, not rest
Like a fat full-stop, it lay in my hand. A small orange – not exactly fresh, but purchased anyway…
Nosebleed Section
choice ringside rantings
From: They must pay for one’s bitter disappointments
Michael S says:
"A teacher at Geelong Grammar had criticised her for using words that were too long, which had left her confused and had made her doubt her ability to write essays. She became ''quite distressed'' when her English marks began to fall." I can sympathise. My scholastic mentors conveyed to me a causal relationship… [read more]From: Welfare for breeders is a bonus for everyone
Change Up! says:
I have no problem paying my taxes. As a single, childless person on a very decent income, I can afford it and not have my life severely altered. Plus I understand that my taxes paying for things like schools, childcare and infrastructure is ultimately a good thing. A better community is better for me… [read more]Gentle jabs to the ribs
They must pay for one’s bitter disappointments
A private school girl’s family is sueing her elite, extremely expensive private school for not… Read more
Most commented