NSW SIRA Regulations and NSW W. Comp Legistlation NOT been followed

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Integrityisundervalued

Active Member
24 April 2021
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31
I suffered years of "bullying" at work by coordinator.
Followed the complaints management procedures set out by my employer
Complained in writing to management, requesting equal treatment and a safe workplace.
Was ignored for the most part though do have in writing emails from management noting my comments r.e. not feeling safe around my coordinator and the effects on my mental health.


Attempted a formal complaint.
That was falsely withdrawn just as soon as my employer got enough information to encourage the bully to leave.
I have repeatedly stated that I never wished to withdraw my complaint but my employer insists on agreeing with themselves that I did.

By then I was entering a claim for workers compensation.
The following have broken so many SIRA guidelines and ignored clear legislation:
1 )The insurance company
2) Several people in senior management at my employer
3) Outsourced people who are supposed to assist with managing the complaint (hired by the insurance company)

NOTE: I work in a profession where many other people have been negatively affected by this and if this is their MO, a lot more people will always be at risk.

I have all of it documented and whilst I am not a lawyer I am well educated and I cannot see any holes in my evidence as it's all in the emails and actions of people above (1,2,3) and I have written to complain about it (and been ignored)

I have a solicitor handling the workers compensation claim and a GP who is supportive of me and disgusted by the conduct of people above (one of them called him an lied to him, claiming I had failed to comply with my obligations; a completely orchestrated and carefully fabricated lie)

As far as I am concerned I now have two separate but related problems that I want to pursue legally

1) my workers compensation case

2) a) Mishandling my formal complaint
b) Mishandling my workers compensation claim (the evidence is clear: it's collusion, this time it also involves the insurance company)
The insurance company is a self insurer and there appears to be no overseeing body to complain to.
The insurance company obviously ignore my complaints and emails.

I am not a lawyer but this is how I would describe it and have evidence which clearly demonstrates it
  • Failure to adhere to SIRA guidelines, company complaints handling procedures, policies, legally binding guidelines governing the conduct of licensed professionals,
  • Wilful negligence,
  • Abandonment of responsibility of duty of care,
  • Wilful and deliberate continuing failure to follow, accept and act on medical advice, preventing my recovery from a diagnosed injury.
  • Propagating disinformation,
  • Deliberately falsifying records (I think I could go on some more)
  • Wilfully invalidating my claim and subsequently declining it on false (and actually no) grounds.
  • Subsequently harassing me by continuing to communicate with me dishonestly and in a very deliberate way so as to create a false record of events.
Q- Do General protections,. breach of contract, discrimination (I have definitely been treated unfairly) or any other kind of law apply and if so how can I pursue my employer and the insurance company for this?

I have a permanent contract but there is no way I can return to my job now and my GP has noted that it would take a wholesale change of management and culture for me to return to work and feel safe (that is, assuming I can recover from a diagnosed injury sufficiently)

Q - How can I re-enter my claim properly and make sure the SIRA guidelines and legislation are properly followed

I am concerned that the workers compensation claim, when it gets to the PIC or WCC, will not take into account the mishandling of the case.

I would give my information to the FWC or some other body but without proper legal processes I can only see it backfiring.
Need advice and would welcome legal assistance.
Also be willing to seek pro-bono representation because my case is most definitely in the public interest to resolve and make sure it can never happen again.
 

Rod

Lawyer
LawTap Verified
27 May 2014
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A to Q1 - Maybe. What damage are you claiming that is over and above your workers comp claim?

A to Q2 - Talk to your workers comp lawyer. They should provide advice on this part of your claim.
 

Integrityisundervalued

Active Member
24 April 2021
5
0
31
Due to years of bullying I was diagnosed with adjustment disorder.
That's one thing.

I believe I have a case under General Protections (right to enter a complaint)

Not following their own complaints handling and RTW policies, leading to
Loss of reputation
Loss of my ability to perform my job as per my employment contract
My employer deliberately preventing me from recovering from a diagnosed injury

It's collusion, not sure what good it would to to try and prove that but that's the best way I can get you to see why I want to take action.

Since October (when I was signed off) all they have done is lie, mischaracterise, misrepresent, deliberately waste my time and allow my reputation to be the subject of rumour (and parents of kids I taught actually blamed me for the problems caused by my coordinator; 5 years of bullying me directly changed into her using other people to attack my class by lying about me, cancelling assessments, invalidating them,

I want to claim for damages associated with them knowing there were defamatory posts about me on Social media for 3 weeks (which were mysteriously taken down within 23 hrs of me finding out and going to the police)
and for the fact they have withheld the names of those responsible

I have been sent emails and letters which are so dishonest and in once case I am certain it is not the original copy I asked for (it was written in 2016, not 23/4/2021)

The investigator assigned by the insurance company lied to me, used a solicitor's name to try and coerce me to sign a statement he wrote, forged an email (I checked the http headers and it wasn't sent to the address it's pasted into the conversation stream)

SIRA told me to report him to the police (SLED) for breach of CAPI regulations.

I was left with half the story told, and inaccurately presented by him.

I asked for a new case manager, new investigator, a new psych rehab worker (after she lied to my GP, claiming I'd reused to see a psychologist when she knowingly booked inappropriate appointments in my name which I had to cancel)

I'm a teacher and what happened affected the academic progress of my class (having my coordinator manipulate kids behind my back and then lie to the principal isn't a way to maintain trust with a class)
I only have some of the information so can't make direct allegations (which is why the IME report states an investigation is needed, in 3 places)

When I'm dealing with people like that I can't give out information about kids and teachers.

The IME report was written on 22/11/20, 2 weeks before my coordinator left (I am certain they got just enough information form me to convince her to resign and since then they tell me that they can't investigate her as she's no longer working at the school - I have that in writing)

The IME report was not passed to my GP until Feb 6th and despite failing to make a diagnosis and then claiming I'm paranoid, no risk assessment was made even though the case manager and the psych rehab both called me to worry about me self harming


Adjustment disorder or not, there were things that happened at school hat are not up for debate (NESA can confirm the changes in marks and the cancelled assessments were published, assessments were invalidated and inequitable.

They should have been investigated.
I'm still in the same position and can't apply for a job as a teacher in these circumstances (being medically unfit to attend one job being a problem)

If workers comp will cover all of that then all well and good but I believe that even if I didn't have a workers comp case, I would still be able to take some kind of action against them for everything that happened afterwards.
I want to do that asap because they will never want to be asked these questions in a court and I think it will put an end to it sooner and I can move on with my life.

My other option is to give up, and tat looks pretty bleak.
 

Rod

Lawyer
LawTap Verified
27 May 2014
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It is likely much of your compensation will be tied to workers comp.

You may have a separate claim for defamation ( < 12 months from publication).

And you can report them to the appropriate authority for inappropriate behaviour. I do not know who that is in NSW. I certainly would not hold out much chance of success. Look how long it took wide spread sexual and elder abuse to get action.
 

Integrityisundervalued

Active Member
24 April 2021
5
0
31
Thank you.

This is what I'm referring to and I am 100% certain that workplace laws have not been adhered to in my formal complaint or workers comp case

NSW
Under the FW Act, a person has a workplace right if they are entitled to the benefit of a workplace law or instrument, has a role or responsibility under a workplace law or instrument, is able to initiate or participate in a process or proceedings under a workplace law or instrument and is able to make a complaint or inquiry to seek compliance with a workplace law or instrument.


I simply want to be able to submit a proper claim and have it handled correctly. I get that insurance companies make money by minimising pay outs but controlling what can and can't be complained about, lying to an injure d worker's GP, lying about the GP not submitting reports, withholding vital information to process the claim, declining it without giving a reason, just referring to a report which states an investigation ins necessary to stablish the truth of my claims.

That cannot be legal.
As a teacher when I'm also highlighting my concerns for the wellbeing of students, it seems deeply unethical NOT to do everything possible to establish whether I'm telling the truth and act or to show me as a liar and sack me.
I did point out that was an obvious option but they still wouldn't investigate.
 

Rod

Lawyer
LawTap Verified
27 May 2014
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GP claims, despite the reverse onus of proof, are notoriously hard for employees to win.

If it involves dismissal you have 21 days from date of dismissal to lodge a claim.
 

Integrityisundervalued

Active Member
24 April 2021
5
0
31
OK, well thank you for your advice.

Just to check (and I'll leave you be, I appreciate you time), what scenarios make them easier to win?

I have this burning desire for justice and am doing this as much on principle as claiming what I've lost.

Is there some other avenue (I simply don't understand how the insurance company basically broke the law in processing my claim and my employer actively prevented my exercising my right to complain too, it's like dealing with the Stasi)

Is it really the case that I can have lots of undeniable proof that virtually everyone (15 people) have lied and it's still going to be hard for me to win.

If so I'll just stick to worker's comp and put my energy into something more productive.
 

Jenny453

Well-Known Member
8 December 2020
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196
You need to get a report from your physician that diagnosed you, which should have been a psychiatrist. Costly but worth it.

If your lawyer for workers comp is a union provided lawyer I would suggest looking into other forms of representation.

If the person has gone why are you not allowed back to work.

You could possibly complain to the Commonwealth obudsman for breaches of Sira, however I would write to the parties prior so you can provide this as evidence of your attempt to reconcile the matter (however your lawyer should advise if this the right thing to do)

Write a statement of claim which outlines everything from the start of your employment to now.
 

Integrityisundervalued

Active Member
24 April 2021
5
0
31
My GP provided a report, the insurance company stated, in writing, he had not responded when he had.

I was hoping to go back to work there but because my employer has resolutely failed to acknowledge the unresolved problems (which are career threatening in that they have damaged my reputation, to the point I know people affected actually blame me, when I tried to prevent the problems)
My employer has acted in ways which are actually far worse than the original problem.

To use an analogy, if I'd been burnt in a fire, multiple times over a long period, the arsonist may have left but my employer has ignored the fires.
Some have gone out but there has been no upgrade or even inspection of the fire suppression system and
zero interest in finding out how they started.

I have written to all parties to try to resolve this (there are many) and have had no response or have been lied to.

My solicitor is NOT from the Union (I'd like to request a refund for every cent I've paid them as they have been less than helpful)

I'm acting on his advice and he's telling me he doesn't need a finished statement (most likely because it will be so incriminating it will create problems for innocent people who got mixed up in this)

Thank you again for responding.

Very interested in any help possible.