QLD Bullying by Manager

[mathilde]

Hi,

can you give me guidance on how to handle a bullying complaint I made to my employer and what options I have to request for an outcome?

I've been working in a senior position for this company for 5 years and feel my manager started bullying me approx. 12 months ago. I did not recognise it as bullying at first as it's quite covert, for example: overloading me with work, directing me to work on additional projects on full-time basis whilst at the same time still requiring me to meet the responsibilities of my primary role, directing me to work on tasks that aren't aligned to my position (below my level of experience or outside of my skill area), escalation of unreasonable demands, excessive overtime (e.g. 50-60 hrs on a regular basis) and criticism followed. After I first started complaining that the demands are unreasonable, my role was changed removing some of my responsibilities, which effectively feels like a demotion. This was done with the explanation that the organisation doesn't have suitable work for me and impacts of COVID-19. Several months later my manager hired a new employee and placed them in my old role. The relationship with my manager has deteriorated over time. My mental health also started to suffer recently and I'm being treated by my GP & psychologist under mental health plan. I raised my complaints directly with my manager several times without resolution, followed by informal complaint to HR. Following another incident recently, I raised a formal HR complaint which is now being investigated. Meanwhile I received a formal warning for the inappropriate tone I used when complaining of the recent incident (retaliation?). It feels I'm being progressively treated worse because I started raising complaints.

After dealing with this situation for a year now, I'm starting to realise that my manager is probably trying to terminate my employment or "get rid of me" through bullying or by making my work situation so unpleasant and demeaning that I would resign. I suspect my role was changed to avoid my employer having to pay out redundancy. The situation seems unfair and possibly illegal. The bullying investigation is still being done but I have little faith in the fairness of the process.

Any advice on what I should do or what my options are would be appreciated.

 

[Rod]

Sounds like you are 'on the way out'.

Make sure everything is documented, and look at starting a bullying complaint at the Fair Work Commission.

Bullying remedies are weak but it sets the ground work for a later claim if you are dismissed.

 

[mathilde]

Yes, sounds like I'm being pushed out.

What things should I be documenting in particular?
Should I be engaging a lawyer now to negotiate a more amicable outcome?

It feels like my employer is using dirty tactics and I can't see how the outcome would be good for them or me if I stand my ground and take my complaint to FWC. Surely there are more professional, fairer and legal ways to terminate my employment if they no longer want me in the business for whatever operational reason.

 

[Rod]

Surely there are more professional, fairer and legal ways to terminate my employment

If your employer was reasonable, yes an exit can be managed well. However based on your first you do not have a reasonable employer.

Record all complaints you make (date, time, location, who) and all instances where you have felt bullied.

 

[WiserNow]

What you are experiencing is a common strategy. You are not alone.

I found it easier on my mental health to reframe the event and not say

"I am being bullied"
but say
"my employer is failing to provide a safe work environment".

It is the same thing but, for me, it didn't feel so school yard stuff and it is true. Everyone deserves a safe work environment which you are not getting.

You mentioned you were looking for an amicable outcome. What outcome are you seeking?

On the following page is a nice graph showing the various options available under different legislation:-

workplace-bullying

From 1 January 2014, the Fair Work Commission (FWC) has jurisdiction to hear complaints from workers covered by the Fair Work Act 2009 (FWA) who allege they are victims of workplace bullying. Background The reforms related to bullying introduced by the Fair Work Amendment Act

www.aph.gov.au

Be careful with worker's compensation as the manager's action could be put down to 'reasonable management action'.

If the employer is starting to throw dirt by issuing you with a formal warning and creating a 'dirty HR file' I would 100% start looking for a new job. Your mental health will thank you for it. Plus you don't want this worry of not being able to find a new job due to lack of references.

You may also find your employer 'sits' on your bullying complaint and gives all sorts of reasons why it is being worked on. If they hire an 'independent' investigator the investigator is paid by the employer so it is unlikely to be an 'independent' finding (investigator would like more work from the employer) and your mental health in the meantime has deteriorated.

None of the above is easy to read and our brains will be going 'but this is soo unfair, I have done 60 hour weeks, done a great job, came in when I was sick'.

I read a Barefoot Investor posting the other week and Scott Pape likened behaviours in a workplace like a Year 8 Science class.

Don't let the workplace ruin your mental health and your life at home with the most important people in your life (family). If you don't already you are at high risk of experiencing anxiety, depression and can end up with PTSD. The energy and work you will need to put in to recover can be a long haul.

Today is Sunday. Hopefully not working Take out a notepad, write and think on a plan of action going forward for you. Pros and cons columns can help. Maybe even a break from the workforce to reset. This will all help as you face work tomorrow and as Mondayitis sets in tonight.

 

[mathilde]

What you are experiencing is a common strategy. You are not alone.
...
"my employer is failing to provide a safe work environment".
...

It's reassuring to know that. I always imagined workplace bullying as more of a stereotypical yelling/slurs kind of behaviour. Now I realise it can be far more covert and insidious. Unfortunately my mental health has already suffered and I've been seeing a psychologist over the last couple of months. It took me a few sessions before I even realised the full extent of the poor management behaviour and practices I've been exposed to, the recurring pattern and to pinpoint that this is in fact workplace bullying. I've always been very passionate about my job, committed to get it right and deliver the best possible outcomes for our clients but now this experience has left me rather disillusioned and I'm not sure if I even want to stay with this organisation long-term. I'm frustrated that I can't seem to just acknowledge that this is all caused by bullying, move on and bounce back to my normal self. My confidence in my professional ability has been crushed and where I loved tackling difficult challenges before I now fear what each day at work will bring.

For outcomes - first I asked for bullying to stop and for the workplace to give me some form of assurance that it won't repeat. I would like the bully be held accountable. I think the best way of achieving that would be to relocate me to another division or to have me report to another more senior manager. I work for a large corporation so that's feasible. I want my duties and responsibilities to be assigned to me in line with my job description.
Second, I asked for back-pay of overtime and I felt the investigator has baulked at that.
Will have to see what the outcome of the investigation is.

 

[WiserNow]

The gaslighting is the worst and for victims can be the hardest part to recover from.

I have my fingers crossed for you. For me, I wished someone had been there to guide me to "wake up and smell the coffee". I asked and hoped for exactly the same thing as you : bullying to stop, then when this didn't happen I ask for a transfer to another area. Nothing...

There is a lot of faith and trust given that employers will do the 'right' thing. Regretfully doesn't always happen and we are left wondering 'but what about the policies and legislation? - this is illegal". I could write so much more but it would read like a fictional story.

Take care of yourself. It is common what is happening and highly probable upper management are very well aware of your manager's behaviour. It is easier to push out the person who is being bullied.

You are probably feeling quite worn out and only just getting through the weeks using the weekend to 'reset' for the next week. You are not alone in feeling like this. If you have anxiety - this is the pits and difficult to get to calm down.

Whilst waiting for the investigation, based on my experience, I would strongly recommend you look on Seek.

Apply for a few jobs and at least you have options if the investigation doesn't go well.

Be very careful about your mental health : covert bullying can do a bit of damage which takes a lot of time to recover from.

It is a personal decision and journey on the legal avenues to pursue, however in my experience, very few legal wins (Workers Comp, Anti-Discrimination, Fair Work) will come close to compensating sufficiently for the impact on someone's mental health.