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NSW Employee Rights - Chances of Getting Justice on Workplace Bullying Issue?

Discussion in 'Employment Law Forum' started by Thornleighfred, 18 August 2015.

  1. Thornleighfred

    18 August 2015
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    I am employed in the Public Service. I made a bullying complaint against my manager. The manager made a counter complaint against me after I made my complaint with issues going back to several years. Much of the issues were factual emails I sent to the manager of incidents were he belittled me, etc. The investigative report cleared the manager and upheld the managers claims against me.

    I responded to the investigative report saying that my emails were in compliance with the internal grievance policy provided additional information on my allegations and detailed the flaws in the investigative report (for example in the body of the document it says that the allegation cannot be established and in the summary it is written that the allegation is substantiated) with supporting attachments, etc and asked for a review.

    The response after several weeks was a one line that the findings will not be overturned. However, a recommendation to the director will be made not to take any action against me on the misconduct finding.

    The Enterprise agreement has a clause for Personal Grievance Resolution

    b. is fair and equitable, having regard to natural justice, good conscience and the merits of the case

    The Enterprise Agreement allows for escalation in the Fair Work Commission.

    I am told that I have to use Form F10 for this.

    What are my employee rights and chances of getting some justice on this issue of workplace bullying?
  2. Amanda E

    Amanda E Well-Known Member

    9 April 2014
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    I'd contact the Fair Work Commission if I were you. See the Fair Work Commission Anti Bullying page that has an eligibility questionnaire to see if you're covered as well as the form to complete: Anti-bullying | The Fair Work Commission.
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