Positive Life NSW

You can navigate employment and HIV

Have you ever wanted to make changes at work – for instance take time out or reduce your hours – but felt you needed more information about how to do it? Do you know about your rights at work? Or wondered about the health or financial implications of your decisions about employment?

Positive Life recently organised Making it work: A forum on employment and HIV at the Y Hotel in Sydney to better inform people about issues like these. The following are some highlights:

The right to make a living affects our ability to exercise all our other rights

“Fundamental human rights should be available to all without discrimination for everyone, every day, everywhere. This includes the right to make a living, and the right to dignified working conditions.” These opening remarks by Graeme Innes, Human Rights Commissioner, Australian Human Rights Commission set the tone for the forum. As the keynote speaker he was unequivocal: “It is unlawful to discriminate at all stages of employment”.

Indicating how significant this issue is, 40 percent of complaints that came before the Human Rights Commission in 2006 -2007 were about employment, and two percent of these involved HIV (21 out of 1179). While it does take courage to stand up for your rights, fear of discrimination can erode quality of life for people with HIV, and the Human Rights Commission is one important body that can help.

The next talk, a personal perspective from one panel member with HIV, fleshed out what it is like to make difficult decisions, move from retirement, to study, and then to full time work. He pointed to some of the costs and benefits of a journey like this. His reflection on the value of short term goals, medium term goals and dreams was an inspiring one we hope to publish in a future issue of Talkabout.

Getting better at flexibility

Fifteen percent of the labour force has a disability, and yet many people with a disability are still underemployed, and not working as much as they would like. Mark Lazaroo from Australian Employers Network on Disability (AEND), an organisation advancing the inclusion of people with disability in all aspects of the work force, reported that a number of businesses, organisations and government departments, including Positive Life NSW, have joined the Network, indicating their commitment to these principles of inclusion. You can see the list of member organisations and businesses on the AEND website: www.employersnetworkondisability.com.au. Even so, while some may already be doing best practice, others join because they’re aiming to move in the right direction.

Not all people with HIV see themselves as having a disability but it can be useful to remember that disability is not a static thing. HIV is like that too. It can change. So you might need to adjust your work patterns accordingly. We need to get better at understanding flexibility, and asking for the adjustments we need. So do employers. This may mean you need to disclose your disability, although often you won’t need to be specific about your condition. AEND works to assist employers to respond better to disclosure and maintaining confidentiality.

Are there barriers to making a complaint?

Narelle Henessey from the NSW Anti Discrimination Board suggested that the ADB has had only one complaint about HIV. Does this mean people think it’s too hard to get a complaint through? Complaints can take a long time to be resolved, but in recent years, this has been reduced.

One audience member suggested one barrier to people with HIV coming forward is the fear that their status could become public: “If the Supreme Court and the Family Court can make complaints anonymous why can’t the ADB?”

Take into account all medical issues

Brian Baker, Centrelink Customer Service Advisor, outlined Centrelink’s role in assisting people to return to work. Since September 8 2008 there has been significant policy change. Previously, if someone applied to an employment service provider for assistance, they risked triggering a pension review by indicating they wanted to look for work. From August this year, this is no longer the case.

Brian gave some useful advice for those undergoing a Job Capacity Assessment. Take all medical evidence to determine your support needs. It is important to detail all your medical conditions, including mental health etc. The quality of the medical information you take with you into the review is important. You need to work with your GP to ensure the information is clear.

As always, you need to notify Centrelink within 14 days of commencing work, and Centrelink benefits can be suspended for up to two years, while you settle into work and decide whether you can manage it.

Practical advice on finding work

Laraine Jones from Job Futures (135 Crown St Surry Hills) assists people to get back into paid work. The majority of them are on Newstart. Job Futures is a small team, whose members give practical advice on how to find and remain in work. They are also happy to have an initial chat if you’re just thinking about going into the workforce and want to weigh up your options.

Job Futures can help prepare resumes, and cover letters, and show you how to search websites for work, and can give you free access to computers, fax, and phone for job seeking purposes. You will need to sign up with Job Futures to access these services.

Getting together we can achieve change

Ending discrimination is not only about acting when things go wrong to you personally. It’s about bringing about changes to the system so discrimination doesn’t happen in the first place. Daniel Scaysbrook, an organiser from the Australian Services Union which covers among other things, the community sector, airlines, shipping, IT, rail, and water employees made this point.

Of course, if you are a member of a union, and you experience discrimination, your union will represent you and advocate on your behalf.

He reminded the audience that the only way to achieve something is to come together to do it. Rather than an individual sticking his or her neck out, a collective of workers has more chance of achieving change. You need to be a member of a union to be represented, so Daniel’s message is: get involved.

It’s about money – and health, and self esteem

Craig Doyle (BGF Financial Counselling) gave lots of practical advice on finances, study options and ways to manage some of the challenges involved in employment. If you’re thinking of returning to work, it might be best to consider increasing your hours over time, rather than rushing straight into full time work. If you’re currently on the pension, try to capitalise on your situation and clear up your debt. Talk to BGF on how to do this. Declaring bankruptcy may seem like an answer to some financial difficulties, but it can be unhelpful for certain jobs you might be thinking about (real estate for example).

Budgeting is important, whether you are working or on a pension. One of Craig’s tips is to keep a record of what you spend for a month, and then you will be better informed to make decisions about your spending. This can be empowering. Try to save ten percent of what you earn, even on the DSP. Debit cards are a good discipline. BGF offers assistance with a range of day to day living expenses, including utility bills, cost of medications and No Interest Loans.

BGF’s Positive Futures program and Phoenix workshops are another way of talking through return to work issues. The organisation’s Positive Futures and Financial Counselling are not income tested, so any person with HIV can access these services.

On the advocacy front, BGF can negotiate with an employer if you’re returning to work, and with creditors. It also has money available for interview clothing (as does Job Network) for people who qualify - and possibly clothing for first six months of work.

We’ll keep you updated

We plan to continue to support people with HIV make the best decisions about their employment. Future issues of Talkabout will focus on other questions relating to work and study. If you have issues you’d like to ask about or stories to tell, email editor@positivelife.org.au

Contacts

Australian Human Rights Commission Ph: 02 9284 9600 Complaints: 1300 656 419 www.humanrights.gov.au
Australian Employers Network on Disability Ph: 02 9261 3922 1300 363 645 www.employersnetworkondisability.com.au
NSW Anti Discrimination Board Ph: 02 9268 5555 (freecall) 1800 670 812 www.lawlink.nsw.gov.au/ADB
Centrelink Ph: (employment) 13 28 50, (retirement) 13 23 00, (disability) 13 27 17 www.centrelink.gov.au
Job Futures Ph: 8281 2400 (freecall) 1800 078 233 www.jobfutures.com.au
Australian Services Union www.asu.asn.au (02) 9283 9280
Bobby Goldsmith Foundation www.bgf.org.au 02 9283 8666 (freecall) 1800 651 011