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NSW Workplace Bullying and Harassment for 18 months

Discussion in 'Employment Law Forum' started by Hope, 31 August 2014.

  1. Hope

    Hope Member

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    My manager subjected me to workplace bullying and harassment for 18mths. I reported it previously to my team leader 3 times in 2013, had to attend a psychologist and doctor for depression and anxiety. My team leader told me if I had no witnesses to the bullying I had no case. The team leader knew I was being bullied harassed and discriminated against but chose to ignore it. I keep diary entries of many incidents.

    In Feb 2014 18 months had past an incident forced me to take action & I involved the GM. He listened to my issues and I had full support of my team leader who herself was being bullied as well by the same manager of our unit. The GM after looking into and speaking with other staff, managers and the perpetrator removed our unit from this manager. I was placed on workers comp and returned to work with my doctor's instructions that this person never is to have contact with me. The perpetrator started to eyeball me in the office intimidating me at every chance. I reported this to the GM who supposedly spoke with him but he continued then to stare at me for lengths of time once again in an intimidating manner. I again reported this and again the GM spoke to him.

    I sent a formal complaint to the equity and professional standards unit who both decided the issue could be resolved in house by the GM.

    The perpetrator has had four previous bullying and harassment incidents with other staff prior to my attacks. The department has failed in its duty of care to its employees to protect employee's from workplace bullying, harassment and discrimination but once again this man is free to walk around the office with no recourse for his actions while I am have suffered mentally, physically by loss hair, gained weight due to depression and anxiety during the 18 months.

    The department have evidence of this person being a serial repeater for bullying harassment and discrimination, costing the department in $ for workers comp and doctors, psychologist psychiatrists fees and the victims.

    I want to know where I can go to now for justice as I know this person will do again what he has done to me and others, its just a matter of time. A slap on the hand and wag of the finger 'dont do it again' does not suffice. What are the use of policies if management can get around them or misuse them to suit their own purpose?

    Do I have a case for workplace bullying? Should I take this further although its taken such a toll on my life my marriage my children and work and socially. the union took my complaint and I never heard from them again.
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Hope,

    From what you have written, there does appear to be grounds for an action/complaint.

    Make a list of every incident that you've experienced workplace bullying or harassment by your employer and any actions you have taken and people you have spoken with. Be as detailed as you can. This will help you in your claim.

    Here are some avenues:
    - Lodge a complaint with Fair Work Ombudsman
    - NSW Government's Work Cover for assistance and information sheet on who to contact

    Essentially, if internal/informal procedures have failed you, you can try Fair Work Ombudsman, Work Cover NSW and then legal action.
     

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