Lessons Learned the Hard Way
Mark Ryan • September 6, 2016
"How I fought displacement and redundancy to keep my job post Breast Cancer."
Several of our patients have been subjected to workplace discrimination after their breast cancer diagnosis. Either in the form of unfair dismissal whilst on treatment, or simply a lack of understanding while trying to arrange a return to work post-treatment. We see widespread misunderstanding in the workplace that the end of chemotherapy or radiotherapy signals the end to any need for work flexibility or compassion. Many patients still struggle emotionally after the treatment for a breast cancer diagnosis and the workplace will not always instinctively be so supportive.
This personal story is truly illustrative of the problem. If you find yourself in need of the legal or workplace resources mentioned in this personal account, you’ll find some suggested avenues at the end of the article.
Suzanne Neil
Breast Surgeon
Lessons Learned the Hard Way
I nearly punched the air in triumph when I returned to work five weeks after my mastectomy to resume the corporate role I’d held for several years. I was then bewildered and disappointed when my phone stayed silent. Naively, I supposed that the management and peers who’d sent flowers to the hospital and encouraging messages as I recuperated at home would promptly welcome me back and I’d slot seamlessly into my ‘pre BC’ (Breast Cancer) routine. After a week or two, I had a nagging sense that the emails and meeting invites I’d typically receive were also passing me by.
During the ensuing weeks of mounting unease and stultifying neglect, I realised I’d been shafted in my absence - by the colleague appointed to cover my role while I was off work.
He did not copy me in on emails while I was away, then inevitably found last-minute reasons to cancel debriefs to discuss activity in my absence. With astounding gall, he simply shut me out so I couldn’t even find out what meetings or travel he continued to undertake ‘on my behalf’. I believe he ‘misinformed’ my internal clients that chemo meant that I couldn’t fly for several months. So, of course, they ‘spared me this pressure’ and didn’t check.
My misfortune was his ticket out of the reserves and he wasn’t going to relinquish the gig.
My boss underestimated the depth of ‘white-anting’ and thought the situation would resolve itself. I confronted my boss’ boss, but he had a deep disdain for any conflict so did not do the obvious thing which was to send a blunt email saying ‘thanks for your assistance, now butt out of her role’. Instead, it was eventually suggested that there was probably enough work for both of us going forward, so we could work it out. I then drafted a role description indicating how responsibilities would be split – we all met and shook hands – and it was never enforced.
In retrospect, I should have protected my patch by requesting I was copied in on all emails. Not that I intended to work or check email while recovering, but it would have ensured transparency when I returned. The most important lesson was probably from one small omission - no one emailed management and colleagues to inform them that I was back on deck feeling fine, it was business as usual and I now resumed all responsibilities (although an email had been sent with my permission when I was diagnosed). I just don’t think it occurred to my boss. I assume he thought word would rapidly get around the organisation as I once again responded to emails and phone calls. But of course, my nemesis ensured I didn’t receive these. About a fortnight after my return, I considered sending out my own email, but figured it might sound a bit lame and plaintive (a touch “look at moy”?) so did nothing.
That was a big mistake as it enabled the continuation of his subterfuge.
Several months passed (during which I had chemo, then daily radiation) and I sensed that while there was sympathy for my humiliating position, everything would be solved if I graciously capitulated and disappeared. I’d had a successful and long-standing career with the company, so while I realised I was pushing against the odds, I resolved to fight on rather than risk finding a new job (and walk out on a large accumulation of sick leave I might need if the cancer returned).
So I quietly consulted a lawyer specialising in labour and employment law who stepped me through my options. I decided it would be more remunerative to stay with the company for several more years if possible, rather than pocket the maximum I’d receive if I successfully forced the company’s hand for a settlement through legal teams, or if necessary, a court case. And of course, there’s the financial risk of mounting a case you might lose. (I didn’t qualify for legal aid or seek pro bono legal assistance). Engaging a lawyer was worth every penny. All up, it cost me around $2,000, which I was told could probably be claimed as a tax deduction for work-related expenses. However, the key benefit of engaging my lawyer was psychological.
The stress of those months was horrendous.
She called frequently, had a knack for anticipating the tactics used to undermine me, and let me vent my dismay and disgust in a safe and private environment.
At her suggestion, I kept detailed notes of relevant conversations with my boss, his boss, the interloper and other involved parties, in case we did decide to press hard. I was also quite deliberate in my choice of lawyer; if work Googled the firm, they’d realise I was not mucking around and that if a case ensued, unwelcome publicity might arise. But playing that card was always going to be a last resort as they would, of course, counter-attack. In the end, I never disclosed that I’d hired a lawyer, as we both felt it would antagonise the situation. (A tip – Don’t call your lawyer on a work mobile).
Eventually, I was offered a redundancy. Thanks to helpful coaching from my lawyer, I conducted myself in this meeting with a calm but steely resolve and rejected their offer. More meetings followed around ‘what did I intend to do’, with the subtext being that I might roll-over and take the redundancy. I kept batting the ball right back into their court, saying it was up to them to find a solution, not up to me. I think they then probably sensed that I’d ‘take the matter external’ if it dragged on. So they created a new job for me, on the same pay and conditions. I accepted it and I’m still with the company.
I share my story in the hope that it may help prevent you from being in this predicament. Or at least negotiate from a position of strength if you do. As they say, forewarned is forearmed.
I had a great relationship with my boss and good performance reviews. It never occurred to me that this could happen to me.
I didn’t bother going to HR – they are essentially there to support management. Just remember that sometimes the threats can come from of left-field and be so underhanded that it’s difficult to recognise them until the damage has been done. Take some simple steps upfront to protect your turf, such as:
- Maintain regular contact with the company while you recuperate so they sense your keenness and determination to return;
- Ensure you see something in writing that clearly states the duration that someone will fulfil your role in an acting capacity, plus a hand-over process;
- Agree a ‘return to work’ plan in advance (even if this simply states that a communique will be sent out to specified parties announcing your return to full duties and clarifying how your work will be handled when you take time off for chemo or radiation).
Good luck – and remember that cancer can unleash an inner strength you never knew you had!
WHERE TO GO FOR HELP
- Contact Cancer Council Victoria- 131120. Speak to one of the cancer nurses about a referral to the Pro Bono Workplace Advisory Services. This service is not means tested and they can advise on disclosure requirements and HR issues. They can also refer on if legal assistance is recommended but this is means tested.
- Contact the Fair Work Ombudsman if you feel you are being unfairly treated for advice and possible investigation of the complaint. Phone (07) 3272 2202 or www.fairwork.gov.au
- Australian Human Right Commission also attends to complaints about bullying and discrimination in the workplace and promotes fairness. Phone (07) 3272 2202 or www.humanrights.gov.au
Breast Care News
This is a very high percentage of people who may be experiencing anxiety and fear of recurrence of breast cancer. Following a diagnosis of cancer it is important to have resources available which help to maintain a good quality of life. The following article from BCNA outlines and provides links to resources designed to provide strategies to deal with these fears. This includes discussions from health professionals and information on ongoing care. If you feel that fear or anxiety is having a negative impact on your life, it is important to talk to your treating doctor or GP. For the full article please click here .
Breast prosthesis can help to restore self image and femininity. This is why BRA are conducting much needed research into the design and comfort level of breast prosthesis. A breast prosthesis can sometimes feel uncomfortable for some women, depending on many factors. Research involving women who have used or are currently using a prosthesis will ensure it continues to improve the quality of life of women after breast cancer surgery. To read the full article and access contact information to be apart of this research please click here .
Cancer Council Victoria is reminding people how important community participation on Daffodil Day is to raise funds for cancer research, prevention programs and support services. "We want to beat cancer through more research, through educating the public on ways to prevent cancer and by helping people who have cancer get the best treatment and care." For more information on getting involved this Daffodil Day, click here .
Mammography and ultrasound has an established role in breast cancer screening and detection. Most cancer(s) can be detected, sized and staged with conventional mammograms and thorough ultrasound evaluation. However the advent of MRI and its role in management of breast disease is ever increasing. In Australia facilities performing and reporting breast cases are not widespread, unlike general radiology. Specialist Radiologists who perform and report the studies are limited. It is therefore important to send a patient to a centre where Breast MRI is routinely performed. MRI serves in the role of screening, diagnosis and management of breast cancer primarily as an adjunct to conventional methods of mammogram and ultrasound.
Radiotherapy is typically delivered via a course of painless daily visits on a Monday to Friday basis spanning between three and 6 ½ weeks. Splitting the treatment up into small sessions delivered daily over many weeks is called ‘fractionation’. Fractionation ensures that the radiotherapy treatment will be safe as the normal body tissues cope very well with radiation when delivered in this manner.
The Epworth Medical Foundation has recently installed the Paxman Hair Loss Prevention System, a new machine to prevent hair loss during chemotherapy. Epworth are now offering the revolutionary system to patients thanks to generous contributions from donors through the Epworth Medical Foundation. Hair loss is a major concern for breast cancer patients facing treatment, the thought of losing their hair is a very frightening one. The ability to control this is not only a big step for the industry but for patient comfort too. Scalp cooling has been available for over 40 years, older versions using crushed ice or frozen gel caps. The previous caps sometimes resulted in temperatures of -25 degrees, causing unbearable patient discomfort. Only through the recent advances technology with Paxman system has it been effective and comfortable for patients. It is widely available in the UK and Europe, today there are currently machines installed in over 1800 centres worldwide. A UK observational study reported an 89% success rate after using the Paxman system, with only 11% having severe hair loss requiring a wig or head covering. The Paxman Hair Loss Prevention System uses a ‘scalp cooling’ method or ‘cold cap treatment’ system. The Paxman system is a small refrigerated unit which is plugged in next to the patient during chemotherapy treatment. The machine pumps a liquid coolant through a light silicone cap that is attached to the cooling machine, therefore extracting heat from the scalp. The cap is worn before, during and after chemotherapy has been administered, depending on the patients type of treatment this could take up to 2-3 hours. The scalps reduced temperature causes vasoconstriction of blood vessels in the area, therefore reducing blood flow to the scalp and hair follicles while the drugs are circulating in the body, minimising the damage to the follicles. A mild discomfort is often felt by patients on first contact but the system otherwise has no side effects and does not interfere with treatment in any way.
The highly-specialised and dedicated multidisciplinary team at MBU provide a diagnostic, treatment and support service for women (and men) with breast concerns. Working in conjunction with Breast Imaging Victoria, a private radiology service, breast surgeons Dr Suzanne Neil and Dr Su-Wen Loh provide a comprehensive (inpatient and outpatient) breast care service. Complementing the team is medical oncologist Dr Yen Tran , radiation oncologist Dr Andrew See , together with experienced breast care nurses, radiologists, pathologists and psychologists. The Clinic is uniquely designed to ensure that all necessary diagnostic procedures can be performed onsite, in one convenient, comfortable and private location. Most patients will have results of their assessments and a treatment plan before they leave the Clinic. The team at MBU provide a comfortable and professional environment for patients and are committed to ensuring a positive and stress-free experience. They are able to provide a wide array of information including DVDs; connections to support services; answer questions; and refer to other medical professionals, as appropriate. Our goal is to provide a world-class breast care service and to guide our patients appropriately. Our priority is patient wellbeing.
