VIC Employment Law - Workplace Bullying from Executive Officer?

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Floople

Active Member
7 March 2018
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0
31
Hi

3 weeks ago, I took a complaint to the executive officer about a manager at work, who was coming to work every day and doing nothing but personal stuff for two weeks straight, whilst EO was on leave. I had had enough as this was totally unprofessional, and to do this in front of her colleagues is not fair.

So going back a few months prior, I had actually spoken the the EO about same staff member and he said that he will talk to her about the personal work being done during business hours. So fast track to the email I sent a few weeks ago, and I am explaining my role as Hr/payroll/personal assistant/admin, I felt that my position was in jeopardy, as I entered her time sheet into the system for pays - every other staff member completes their own, but not the program manager - I was made to do this for her.

So after the discussion with two other employees who came to me about it, I decided that it was time for a more formal complaint, hence the reason for the email to EO. I sent it and the next day the program manager was already in at work and she never is, and pulled another staff member into another office. I thought this to be strange.

The EO came into work and ordered me into the office and said that he was very angry with my email as it had gotten outside the organisation. I was flabbergasted as I did not send it to anyone else or discussed it with anyone other than who were involved. He was extremely verbally loud and the tone in his voice made me burst into tears in the office.

I explained that I had not shown or said anything to anyone other than who was directly involved. I received a verbal warning over this as I had caused so much drama for this program manager. He also ordered me to a meeting in his office with the program manager and that it would not be pleasant.

I responded, 'do I have to?'.

He said yes and that I need to cop whatever happens. I was bullied into going into that meeting, expecting a bomb to hit me. The meeting wasn't too bad, although I did not at all feel comfortable being in there. All weekend, I pieced the puzzle together. I know now that the staff member she pulled out that morning was in fact the person who went outside the organisation and told the program manager's friend who then went back and told the program manager of my email.

Anyway, a few weeks on has lead to this - I came across some information that the program manager is now keeping track of absolutely everything that I do. She took a personal call from my daughter which was important and has even written this down and has gone to the EO over it. I was furious with the information that she is ganging up on me and actually left work as I went into shock.

I then went and got a medical certificate for a week off under stress and so has she. I also went back to the EO a few days after that meeting and asked if both program manager and staff who went outside organisation both got a verbal warning. He said the program manager has but he was not privy to who the staff member was. I now know that is a lie on his behalf.

I also do not believe that he has given the program manager a verbal warning over her personal stuff at work hours. I have now gone to our board of management with this and have asked them to formally investigate. The problem is, our EO is very friendly with the board and the board members and think that he will get himself out of this and also get the program manager out of it as well.

The EO and PM are extremely close, and we all feel that she can do no wrong in his eyes. It has now been a week since I sent the email to the chair of board and the only communication back is a response to say that they are working on the issues raised.

I am expected back at work this Friday, however, I am not comfortable in going back as I am frightened of what the EO is going to do. I will be getting another certificate until this is all resolved.

I also believe that they will work a way to get rid of me as the previous 3 staff members were fired for non-firing reasons because the PM wanted them gone and worked her way around the EO to fire them. This is all very messy.
 

Splinter

Well-Known Member
29 January 2018
17
1
74
Firstly, you should not have gone into the first meeting without your own support person. Are you in a union? All meetings should be noted and after the meeting you should get a copy of exactly what was said.

If you don’t agree with it, then you raise your concerns and get them changed. There also should have been the manager of HR present at the meeting. Sounds like they have breached a few policies including privacy. Take this further.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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Your circumstances may be constructive dismissal.

You would need to consider moving fast if you want compensation as a result of these events.

Keep in mind bullying has no penalties/compo attached to the behaviour and is only a factor if still employed.
 

Floople

Active Member
7 March 2018
5
0
31
Firstly you should not have gone into the first meeting without your own support person. Are you in a union? All meeting should be noted and after the meeting you should get a copy of exactly what was said. If you don’t agree with it then you raise your concerns and get them changed. There also should have been the manager of HR present at the meeting. Sounds like they have breached a few policies including privacy. Take this further.

Thank you for your reply. No, I am not in a union and I know that I should not have gone into that meeting; I was bullied into going in. I am the Hr person in the company and no one else apart from EO does HR related things.

I believe that there are many policies they have breached and I am being victimised from the complaint.
 

Floople

Active Member
7 March 2018
5
0
31
Your circumstances may be constructive dismissal.

You would need to consider moving fast if you want compensation as a result of these events.

Keep in mind bullying has no penalties/compo attached to the behaviour and is only a factor if still employed.

I currently am off on stress leave - well, unfit for work as gp stated. My manager has informed staff members that I am off on stress leave (breach of my privacy). If I resign under the circumstances I face, then I will be pressing with constructive dismissal.

Does anyone know how long a board of management should take to inform me of the outcome of their investigation as I have not heard anything and it has been a week?
 

Rod

Lawyer
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27 May 2014
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There is no set time. It is whatever is reasonable in the circumstances.

If you have already, start taking detailed notes of what happened, when, where, and who with.
 

Floople

Active Member
7 March 2018
5
0
31
There is no set time. It is whatever is reasonable in the circumstances.

If you have already, start taking detailed notes of what happened, when, where, and who with.
Thank you for your reply. Do you know if constructive dismissal is available for someone only in the company for ten months?
 

Clancy

Well-Known Member
6 April 2016
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69
2,289
Was it the job of the OP to monitor the performance of other staff? If no, then you just made trouble for no good reason. If yes, then you should have been trained in the proper procedures to follow, and if you followed them, then the company responded very poorly.

No one likes to see a bludger while they themselves are working hard, but you need to focus on your own job, that's your priority. I have never known a boss who likes tattling, *I have never known a boss who likes tattling*... unless it's to do with theft or something serious like drugs, or watching porn...things that might drag the company into disrepute.

Also you don't know if a bludger has dirt on someone higher up or some other unknown reason. Maybe they saved the boss's kid from getting run over... Who knows? They know... You don't.
 

Rod

Lawyer
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27 May 2014
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do you know for constructive dismissal is available for someone only in the company for ten months?

It is possible. Though best to see an employment lawyer before resigning to ensure you would have a claim. There are a few details to be worked through before a firmer answer can be given. It is not something appropriate for a forum where only general information can be given.
 

Floople

Active Member
7 March 2018
5
0
31
Thank you. Yes, I have made an appointment with an employment lawyer. Thanks again for your help.

It is possible. Though best to see an employment lawyer BEFORE resigning to ensure you would have a claim. There are a few details to be worked through before a firmer answer can be given. It is not something appropriate for a forum where only general information can be given.