NSW Dismissed After Being Bullied for 2 Years - Employment Law Recourse?

[Jade S]

For two years, I have been verbally abused, bullied, threatened, belittled in front of my other staff. I asked HR in desperation for help as I am suffering from anxiety, cold sores, stress related issues, and scared of loosing my job.

The external HR was brought in, said it could be sorted and should not be happening. She was dismissed and I was dismissed. I was given two months pay and told I would never win any more in a court, so I should be grateful. I did not agree and refused to sign.

The MD admits he's wrong but it's his way. The abuse is intense, drawn out, and not always work related, just personal attacks. I want my job back, he should be the one stopping the abuse. He has lined everyone up in boardroom and told them they will get the sack if they talk about anything. All good friends of mine are now banned from contact or they face loosing their job.

The saddest part, my daughter works there and is one of them, I am number 5 in 2 years. She loves her job but is scared. What do I do now under employment law?

 

[Rod]

Talk to the Fair Work Commission in the first instance. There are now laws against bullying behaviour in the workplace.

 

[Jade S]

I asked for HR help, the boss sacked me for asking for HR help. They have now given me a Legal notice of restraint, - more bullying. Does anyone ever get out of this nightmare? Seriously, two weeks ago I had a job I was doing well, albeit under stress from abusive boss. Now no job, and a notice of restraint? Theres a serious problem if this is ok. Filed a worksafe complaint, but I am never getting my job back, and now could struggle to get a job as no reference. Its the worst case of unfair I think Ive seen and I am in the middle of it.

 

[Rod]

BTW, I agree it is unfair that you suffer because someone is abusing their position of power. Unfortunately the law can't easily remedy the situation and can really only offer some compensation in these types of cases.

As part of your claim at Fair Work make sure you ask for a glowing reference, written to your satisfaction, as part of any settlement discussions.

When claiming for lost wages make it a realistic for the amount of time you are likely to be out of work.

re: Restraint clause. See it as a positive and use it as additional ammunition for use at the FWC. If/when you reach a settlement make sure it includes a release from all restraints.

*wonders if the board of directors know what he is like (or is he the full board?).