VIC Bullying and harrassement

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Briancrainfan

Well-Known Member
15 April 2020
24
1
124
I want to report the toxic work culture at the Department of Human Services where no one came to Save me and I have sought extensive assistance from seeing the Employee Assistance Programs offered by the Organisation however, it was a total waste of my time because of the constant bullying and harassment I had faced at the Department, where my mental health and judgement was affected after a board room meeting I had with the DHS Corporate Board. One of the senior staff member's name was where the evil eyes and the constant stress and bullying I had faced from the staff has destroyed my mental health and judgement.

Now, I was advised I had to attend this meeting at the last minute back in September 2018.

I am seeing a personal psychologist at the moment and he has advised me that it's quite sad that the Department you work for does not even care about you so much for the Department having a system called "We Care" I was advised by the team at Medicare that I am not coming back to Medicare and management from all sides did not take a Duty of care at all. I got promoted to the Corporate Support team however, I was put straight into that role to either sink or swim and management tried to salvage however, the damage was already done and I asked to move to a different floor and it was denied. I would appreciate if you can have this matter escalated onto a royal commission as to how toxic and how bad the management is at DHS, where staff from medicare, centrelink are and by the time I asked for management to decide it was already too little too late. Now, I had to resign from that entire department, completely.

I am in the process of discussing this with HR but I had to resign after being called a Hitler by one of my staff member and I knew it was the right time for me to quit. From the perception of management, I was trying to climb the ladder because x came up to me saying that I am not scared of you at all however, after seeing how badly staff are treated I think my dream of becoming a good leader has been shelved and also joining the Australian Space Agency as well.


Management also used words like "Damned if you Damned if you Don't" Please note that this was the first time I had joined the Corporate side as well.. No one advised me what I was getting myself into and as a result everyone was being selfish in that Department, where hardly anyone came up to my desk to tap me on the shoulder to ask if I was ok. A handful of the medicare staff members asked if I was ok and I have great respect for those people. I was discriminated at that workplace by the staff members and by then the damage was done.

I have had moments of fight or flight responses due to the fact that staff would creep up on me due to the micromanagement of Softphone system where I was constantly on the phones all day long and then promoted but staff using my nativity for their own selfish gain also I was socially isolated in that Corporate Support role. Management was well aware of my condition yet they offered no assistance. It felt like I was not in control in the team environment. I had severe anxiety attacks certain words trigger my anxiety attacks and in the end it has destroyed my mental health and to think by myself. I was used like a puppet by everyone one of the staff members and my personality has changed as well.

I have a conciliation with the Australian human rights commission but i doubt that will do any damage. What are my options?
 

WiserNow

Well-Known Member
10 September 2014
113
16
454
If you can, for your mental.health, find another job. Your mental health is very precious and it can effect everything and will take.years to recover if you do fully recover

Public sector is very high for bullying and, like my lawyer said, HR is not your friend. They will not do anything and life may get worse with passive agressive behaviour from HR after Human Rights investigation.

Where to
.workers compensation this is a hard path for mental health and u will get, at best, half to a year's salary plus be asked for resignation (which u have done?). U can claim this for 1 year even if u have left. this process will push ur mental health further.

Salary continuance: this may be insurance you have under super and will generally pay for 2 years if u r ill & cannot work. Worth an application. Act quick as there is a waiting period. With your anxiety you may not feel like doing anything but give this a go.

HRC: this is an easyish process but HRC cannot force the employer to do anything in conciliation so think about what u want for remedies. I would be looking for loss of income. Look for previous cases for ideas.

Constructive dismissal? has a 21 day period to lodge but more impact on mental health.

All of the.above will place strain on your mental health. You are not alone in experience the above at your work. Brisbane office of Medicare is the same.

Look forward and look after your mental health. You will be experiencing all sorts of out of character behaviour and it will take, probably significant, time to mend. And it is a battle to recover. You have experience bullying, probably gaslighting and worse of all institutional betrayal.

Be kind to yourself. Anxiety is awful. If you are into natural health go to a good naturopath and ask for a herbal formula (kava in it) Try neurocalm. eat well, lots of protein. Homous & carrots is great. Keep sugar levels even. It will help the anxiety.
 
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Briancrainfan

Well-Known Member
15 April 2020
24
1
124
If you can, for your mental.health, find another job. Your mental health is very precious and it can effect everything and will take.years to recover if you do fully recover

Public sector is very high for bullying and, like my lawyer said, HR is not your friend. They will not do anything and life may get worse with passive agressive behaviour from HR after Human Rights investigation.

Where to
.workers compensation this is a hard path for mental health and u will get, at best, half to a year's salary plus be asked for resignation (which u have done?). U can claim this for 1 year even if u have left. this process will push ur mental health further.

Salary continuance: this may be insurance you have under super and will generally pay for 2 years if u r ill & cannot work. Worth an application. Act quick as there is a waiting period. With your anxiety you may not feel like doing anything but give this a go.

HRC: this is an easyish process but HRC cannot force the employer to do anything in conciliation so think about what u want for remedies. I would be looking for loss of income. Look for previous cases for ideas.

Constructive dismissal? has a 21 day period to lodge but more impact on mental health.

All of the.above will place strain on your mental health. You are not alone in experience the above at your work. Brisbane office of Medicare is the same.

Look forward and look after your mental health. You will be experiencing all sorts of out of character behaviour and it will take, probably significant, time to mend. And it is a battle to recover. You have experience bullying, probably gaslighting and worse of all institutional betrayal.

Be kind to yourself. Anxiety is awful. If you are into natural health go to a good naturopath and ask for a herbal formula (kava in it) Try neurocalm. eat well, lots of protein. Homous & carrots is great. Keep sugar levels even. It will help the anxiety.
I want to sue them and I have never heard of gaslighting before but doing a simple google search yes, that exactly what I went through in that Department. Certain team leaders would sleep with certain young women in that Organisation and it was sick. When I was on the phones, I would get a high dose dopamine where I used to feel exhilarated. I was told you are delusional by my manager and that is despite showing kindness to almost everyone. I went from being very joyful to being almost opposite of whom I used to be and I felt I was being groomed in their way. Management was like , hey x don't you care? I thought you cared. It's such a sick organisation that I worked for and some of them get a real thrill out of it. I was getting anxiety attacks in front of the managers it was the most weirdest thing ever and some other people stole my ideas and got promoted within the organisation and I saw someone else go through the same thing as well. I was asked by a handful of people, asking me are you permanent yet in that x role? I thought you were, When I would have meeting with my boss it would trigger my anxiety attacks and not only that the Department has a high smoker rate too. My boss took my perfect stats with him and he would not even agree to be my referee. I have not felt like myself after that meeting with the senior executives, it was like a horror film right in front of eyes and in that Corporate area, my heart was screaming out. I have already lodged my claim but it was rejected.
 
Last edited:

WiserNow

Well-Known Member
10 September 2014
113
16
454
Unless u can link the bullying to a protected right (ie gender, family responsibility) they haven't breached ur human rights unfer the act.

Let me dig out an image showing some courses of action unfortunately very few with $$ remedies.

I have learnt personally ER laws are not great and any remedies are low compared to the personal damages done. Companies can misbehave and if they do get pinged the $ fines are lower than doing the right ethic thing.:-(
 

WiserNow

Well-Known Member
10 September 2014
113
16
454
Have a look at this page and it shows a table with remedies available:


I am not a lawyer however having been down this path my findings was, aside from anti-discrimination, the only option offering $$ remedies is workers compensation and this is for loss of wages whilst you are recovering from the injury.

May differ from State of State but to sue for damages your personal injuries would have to be at a certain percentage. I have read over 15% impairment and someone said to me "you really don't want to be this high as it is not worth it". Plus you have to be in the workers' compensation system before you have this avenue available is my understanding

You can report to Worksafe and they will investigate?

There may be options to report to the public sector commission for your State to investigate and then ombudsman but this doesn't provide remedies for you. So the question would it be worth the energy?

I hope you find some peace in your journey.

It is a horrid place to be, to have gone through the bullying and harassment and have noone look after your safety, when you are legally entitled to a safe work environment.

If you have, I hope any hypervigilence you may have experienced has gone and the anxiety has stopped. Anxiety s definitely the worse. The reason for out of character experience is to do with the front lobe and anxiety. It is a good thing to research to understand why you may be behaving a certain way and also for your family to understand. Especially if you experienced getting angry very very quickly.

Maybe someone else may respond and provide more options for you however this has been my findings to date.

Take care of yourself...
 

Briancrainfan

Well-Known Member
15 April 2020
24
1
124
Unless u can link the bullying to a protected right (ie gender, family responsibility) they haven't breached ur human rights unfer the act.

Let me dig out an image showing some courses of action unfortunately very few with $$ remedies.

I have learnt personally ER laws are not great and any remedies are low compared to the personal damages done. Companies can misbehave and if they do get pinged the $ fines are lower than doing the right ethic thing.:-(
What about if I can link bullying to a disability (ie my mental health) in my EAp notes I talked to my counsellor about havibg these feelings. What is bullying?: Violence, Harassment and Bullying Fact sheet | Australian Human Rights Commission
 

WiserNow

Well-Known Member
10 September 2014
113
16
454
Check with HRC however I understand the onus is on you to prove the bullying was linked to your disability and then there is the time period for the instances.

Also wondering if the employer had to know of the disability plus you would have to prove the employer knew?

The HRC will be able to answer these questions. They are generally quite helpful over the phone.

You mentioned your claim was lodged but rejected... your HRC claim?
 

Briancrainfan

Well-Known Member
15 April 2020
24
1
124
Check with HRC however I understand the onus is on you to prove the bullying was linked to your disability and then there is the time period for the instances.

Also wondering if the employer had to know of the disability plus you would have to prove the employer knew?

The HRC will be able to answer these questions. They are generally quite helpful over the phone.

You mentioned your claim was lodged but rejected... your HRC claim?
Comcare rejected my claim based s14 of the Safety and regulation act. Hrc are just mediators they can ask the parties for apology, compensation and reemployment as well. If we dont agree then it will head toward tge federal court. There is precedent behind what I have gone through. More than $1 million paid out for workplace bullying
 

WiserNow

Well-Known Member
10 September 2014
113
16
454
Comcare rejected my claim based s14 of the Safety and regulation act. Hrc are just mediators they can ask the parties for apology, compensation and reemployment as well. If we dont agree then it will head toward tge federal court. There is precedent behind what I have gone through. More than $1 million paid out for workplace bullying
HRC are mediators however will make a determination if your case falls under the HR act before concilliation. If it doesnt then it will go no further. Hence comnent re is onus on you to prove it before HRC will take the complaint further? Do you have evidence the bullying was due to your mental health & you were treated differently? Will the employer prove other instances of bullying that occurred to others and therefore lots were bullied and not discrimination.

It is not easy to prove it was linked to discrimination but talk to HRC. Lodge your complaint, see what happens. Nothing lost but time and energy.

I am just putting forward my experiences. I get you are angry and frustrated. It really is awful and to realise there is very little avenues available is hard.

think about this in regards to discrimination and how it can seem like it is discrimination..

A male is paid more than a female for the same job..
Discrimination. Yes.. not so quick...
During the hiring process the male was a better negotiator...
Discrimination gone...

Talk to HRC...
Comcare rejected my claim based s14 of the Safety and regulation act. Hrc are just mediators they can ask the parties for apology, compensation and reemployment as well. If we dont agree then it will head toward tge federal court. There is precedent behind what I have gone through. More than $1 million paid out for workplace bullying
HRC are mediators however they will decide if your complaint falls under the Act b4 it progresses to conciliation.

Hence my question re is onus on you to prove bullying was directly due to your disability/mental health? Can you prove everyone knew of your disability.

Will the employer be able to show other colleagues were bullied and your bullying was just the same and not discrmination.

Think about this...

A male colleague is paid more than a female doing same job.

Discrimination. Yes... but wait!!

During hiring process male was a better negotiator.
Discrimination gone!!

It is hard. I am just sharing my experience and knowledge. I get you are angry and frustrated but there are limited avenues and it really should be better given the number of bullying and toxic work environments. Believe me I understand 100%

I am surprised comcare rejected your claim. I dont know the section referred to...
 

WiserNow

Well-Known Member
10 September 2014
113
16
454
Comcare rejected my claim based s14 of the Safety and regulation act. Hrc are just mediators they can ask the parties for apology, compensation and reemployment as well. If we dont agree then it will head toward tge federal court. There is precedent behind what I have gone through. More than $1 million paid out for workplace bullying
The precedent you have linked and the remedies paid was done under workers compensation and TPD insurance. Not discrimination. It is different. You have to show, for HRC, bullying was linked to disability.

Under workers comp you have to show work was a major factor in causing the injury. Ie nothing else shows up on your medical history.