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WA Substantiated Workplace Bullying and Harassment - My Rights?

Discussion in 'Employment Law Forum' started by Old boiler, 5 January 2015.

  1. Old boiler

    Old boiler Member

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    Hello there.

    I have been suffering workplace bullying and harassment at work for the past three years from my line manager and 2 employees that are husband and wife that are both coordinators reporting to each other which is also a breach in the code of conduct.

    I have been reporting this to our HR department for 3 years and they did not respond to my correspondence.
    And they just ignored me.

    I then took it further as I could no longer tolerate this bad behaviour. I reported it to our head office. they employed a private investigator , who did a very thorough investigation. He substantiated 8 allegations as true and correct, 5 could not be substantiated but there was enough evidence to say that the probability of this happening was high and 4 could not be substantiated .

    Now I am going through back to work plan with my rehab person, but the company is making things difficult, my expectations after the investigation were not to have these people fired but I was hoping they would move them to a different area so that I could continue my employment is a safe environment that is free from bullying and harassment. However the company have come back with their plan that I work and report directly to these people as prior to my break down and concequence stress leave.

    I am very fearful of working for these people again, and I do not know what to do. I have been to 3 physc's at the companies request, all 3 have said that that found me to be an honourable person and have no reason not to believe me.

    I have been working for my employer for 8 years , they are a huge international company and I love my job and it is a very good job and I do not want to just walk away with nothing but do not think under the circumstances that I can continue my employment with them as I am so scared of suffering another break down.

    What can I do ? What are my rights

    Please help

    Old boiler
     
  2. Michael T

    Michael T Well-Known Member

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  3. Sophea

    Sophea Well-Known Member

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    Hi @Old boiler,

    Did you make a WorkCover claim for the emotional issues that you experienced? It doesn't sound as though the company is discharging its duty to take reasonable care not to expose you to risk of injury (as is required by employers) by putting you back in the same situation you were in previously.

    Businesses have the primary duty of care under the WHS Act to ensure, so far as is reasonably practicable, that their employees are not exposed to health and safety risks arising from the business. This includes having systems to prevent and deal with workplace bullying.

    If you have already gone down this route, I would (as suggested by Michael) contact either the Fair Work Ombudsman or Fair Work Commission.

    Meanwhile if you are placed again in the same situation with the same people, try to go in with a positive attitude, assuming they have changed. If the same things start happening, make a list of every incident that you've experienced and any action you have taken to stop it and people you have spoken with. Be as detailed as you can. Then immediately contact one of the above specialist bodies for a stop order for the behaviour.
     

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