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VIC Workplace Bullying - How to Deal with Employer?

Discussion in 'Employment Law Forum' started by Hardeep Saini, 25 August 2014.

  1. Hardeep Saini

    Hardeep Saini Member

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    I have made numerous complaints to my immediate supervisor against two employees who were bullying me. Recently, my supervisor was replaced. The new supervisor has simply shrugged of my workplace bullying complaints and recently have called me in to explain my alleged underperformance as the bullies have now got into her good books. I have resigned and lodged a bullying claim with the H.R. Department. I have also put in a Workcover Injury Claim directly with VWA because the employer had refused to accept my injury claim.
    I recently found out that instead of spending time and energy to investigate my complaint, the H.R. Department has been contacting my referees ( the referees that I used when I first applied for this job ) to investigate my previous work.
    Is it ok for an employer ( in this case my ex employer ) to do this?
     
  2. Sophea

    Sophea Well-Known Member

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    If the WorkCover or bullying claims were to progress to legal proceedings, evidence of your work performance in the opinion of prior employers would be fair game. It is very common for such evidence to appear in injury claims, relevant to future earning capacity. From your employer's perspective it is a reasonable means of evaluating whether their opinion of your work performance corresponds with the opinion of your prior employers, or whether there is some personal prejudice influencing the decision.

    With respect, I imagine you aren't fully aware of all investigations that are being conducted by your former employer in addition to contacting your former referees. By lodging a WorkCover claim, you have placed them in a situation where their priority is protecting their own legal position, not looking out for your best interests.
     
  3. Hardeep Saini

    Hardeep Saini Member

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    Good afternoon, Sophea

    Thanks for your quick response.

    I worked at my previous job for 16 years and only left because my days were cut due to insufficient work.
    I have a fantastic referral from my previous boss.

    I have no problems if these guys want to check my performance.

    But doesn't this show that instead of complying with their own bullying and harassment process, by trying to dig up dirt on me they have become part of the bullying that I am undergoing.

    Yours faithfully

    Hardeep Saini
     
  4. Sarah J

    Sarah J Well-Known Member

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    Hi Hardeep,

    It may very well be the case that the HR Department is following internal complaint procedures and is undertaking investigation.

    If it turns out the the HR Department has not been very helpful, you may try other avenues. Worksafe/Workcover should be also investigating your claim.

    I would suggest having a look at the thread "Workplace Bullying and Harassment for 18 months" for information on how to further proceed.
     

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