29 Nov 09 Compensation Lawyer Helps Victims Of Workplace Harassment
David’s Story
“ I was with my company for 5 years and was already occupying a supervisory position. Then a manager came into the department who did not like me for no reason. When I try to give my opinion or say how we could improve, he shouted me down and made me look stupid. Worse still, some of my colleagues are now being influenced by this new manager. They are now imitating his bullying.”
Stories like this are becoming more and more common. What David should have done was go to a compensation lawyer for advice on how to get justice for being forced out of his job. According to research conducted by The Workplace Bullying Institute, workplace bullying is now among the top causes of poor employee retention, resignation, and other organizational problems. Bullying in the workplace had been witnessed by one in three of the human resources officials interviewed.
Bullying can be in the form of intense criticism, sarcasm and teasing directed at one person by another employee. Levels can be so bad that there might be physical bullying, antagonism and obvious harassment. The target is subjected to character assassination, aggressive behaviour, verbal abuse, and the cold-shoulder treatment. The victim might be forced to work to impossible deadlines or given really hard tasks.
Stress, anxiety and panic attacks are some of the health problems that bullying can cause. Taking a high number of days off work is a sign of bullying. harassment can bring on depression and sleeping disorders as well as the other illnesses mentioned above. The personal life of a victim may also suffer and marriages have been known to fall apart because of the harassment. The office will become a horrible place to work for everyone when the actions of one bully are visible by all. Bosses make up 80% of bullies. They can also be some people in supervising and managerial roles who will bully those under them.
There needs to be clear and strict policies in every employees contract to prevent bullying. There should be programmes in force to help lower stress and have an acceptable amount of work for each employee.
get a compensation lawyer if you have been forced out of a job because of a workplace bully and failings by your boss to do anything about it.
Reader's Comments
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Tuesday, November 30, 2009
Iam writing in regards to my previous employment with Australia post as an Indigenous Trainee.
I came into Auspost on a two week work experience program from my course of Multi-media which I was half way through at Northlands College in Melbourne. My then teacher informed me AP were offering an Indigenous training program and that I would be a good candidate for it. I completed the two weeks and then asked to stay on. I continued to work in AP’s Desktop unit. During this time I was informed from AP’s Human Resources Dept that there was an Indignenous Training program. I had a meeting with the Indigneous HR rep who informed me of the training program and presented me with a copy of the training program. During this time I enquired to see if they were still going to offer me the training as I was half way through my Multi-media course, I was then informed by AP that there was no formal offer and that no offer would be made. I was there only on a contract basis and once the contract ran out there would be no further employment or training offered. When I asked my manager-Phil King about the training course I was informed by him “If I wanted to work in IT I should go and do a course in IT“. At the end of a six month period, I was then let go early January the next year unable to go back to my course of Multi-media,which I had six months to complete. I then had to go on Unemployment benefits with Centrelink for a period of six months. In June I received a call from the Indigneous HR rep Michael Richardson who then asked if I wanted to come back and complete the training program and said they were now formally offering the training. Due to being on Centrelink benefits I accepted the position they were now formally offering.
During the next phase of employment with Auspost I signed onto the Indigenous training program the same one I was presented with earlier. From the start of the training AP management had problems and did not know how to run the training. This I raised issues with management and they replied “There were however some areas in the management of your employment with Australia Post that could have been managed more effectively“ this from a senior HR rep Kim Mayberry. From this moment on they stepped up the intimidation on one occasion two HR reps called a meeting and verbally yelled at me they were sick and tired of me making complaints and that I should stop. This being Kim Mayberry and Debra Dogenson.
The training included a Cert IV in IT, Microsoft Certified Professional – which all IT staff complete, these then would give me points towards a degree in IT. At the end of completing the Cert IV which was for one year, it took AP two years to complete the first component of the training due to their incompetence in running their training program. During this time I was paid an Administraive level as a receptionist and not on an IT wage classification. On informing Graham Johns-Managing Director who has been a part of the bullying and intimidation along with his management of my depression they only continued to harass and treat me unfairly and were relentless in intimidating me. This due that i was raising complaints of their incompetence and Unequal pay. They were pushing me towards suicide in the hope that i would.
During my total of five years I never received a promotion, this when applying for the job that I was doing and several others well within my scope of skills and experience. Even the new trainees I was training got positions over me and had less skills and experience than myself.
I had a conflict with APM over Equal pay for Equal work. Thier answer was no I was on the correct pay rate. I then engaged with the CPSU who held a meeting in which I was not allowed to attend by APM I was seeking a rate of AO4-AO6 dependant of the person carrying out the work previously. This resulted in them being wrong and unlawfully paying me a lower rate. I was then back paid and paid to an AO3 rate, in which I accepted under duress, this being that a manager was actually claiming work that I did and that he was responsible in which he was not, the responsibility lay with an entirely different group from ours. On leaving from the meeting with APM the union representative said “this was the best I could do”. I continued to argue with AP over the pay. After ringing his office several times and going into the CPSU I was always informed he was away on holidays or business and that he was the only CPSU rep who handled Auspost employees, I have never spoken with Kim Barnes or has he or the union ever gotten back to me. CPSU never looked into the bullying or threats made. They did not even call back to see if the problem was rectified.
• During the course of training there were several problems from APM with the running of the training.
• I had a false claim of Racial Discrimination put against me.
• I was subject to threats from APM about lodging grievances.
• Recieved threats of not having a career if I continued to make grievances.
• I was being paid at a lower rate- Being paid at a receptionist rate not an IT classification
• Manager claiming my work as his, therefore only being paid at the lowest IT classification.
While on sick leave with a certificate of Capacity I was subject to intimidation by APM- Nick Whareham. They had charged me with Abandonement of Position and demoted me to an AO1. On return to work I would face dismissal for Abandonement of position, this I was again half way through my training, I had completed my Cert IV in Information Technology and passed my MCP exam the other part of the program was a degree in IT, this I never started. On communication with a union rep from CEPU he informed they would offer a Voluntary Redundacy Package and his advice was “they have it in for you take the package”.
the CEPU would not represent me formally, although spoke with AP management. This I was being bullied into as I needed time to manage my depression and being suicidal the reason I took the time off. Instead they demoted me and were going to fire me or I could take the package at an AO3 rate if I withdrew a compensation claim against Jim Chalkley’s threat and the grievance lodged against Jim Chalkley for the threat. If I did not withdraw them, as I had been demoted I would only get a VRP at the AO1 rate this was verbally communicated at the day of signing the VRP. On requesting for the compensation claim I was informed Auspost had not received one, they were now stealing my comp claim in order to prevent me from claiming compensation. I have still not received the comp claim to this day or the grievance for the threat from Jim Chalkley -“You are upsetting a lot of managers higher up and if you don’t stop the complaints you will not have a career at AP“.I have throughout my employment with Auspost been depressed and suicidal this is verified by 3 General Practioner’s , 1 Physchologist and 1 Physchiatrist. During my employment not once had the Govt upheld my rights nor have they upheld the safe work place from bullying and intimidation that caused severe depression and suicidal tendencies, this as I was an Indigenous trainee trying to complete an IT course and create a future for myself and family. This had caused great pain and suffering by myself and family.
Due to the already attempted suicides, I informed my partner to have an abortion as I did not feel I would live for much longer. With many unsuccessful attempts, my depressed life continued to spiral out of control. I became further withdrawn from life, family and friends. Two years later and we had another child, again this time I wanted an abortion for the severe depression I was suffering. During this time Auspost knew of the depression they were causing both by letters to Graeme Johns and medical certificates.
If the Govt performed their duties and upheld the workplace laws this would not have happened. This would have led to myself not suffering from severe depression or suicidal tendencies or attempting suicide. Instead leading myself to living a tortured life for the past eight years from working at Auspost my employment experience at AP was dreadful and almost cost me my life on several occasions.
I have lodged these complaints with various Government Depts, – upholding work place laws these include Federal Govt and State Govt departments: Department of Education, Employment and Workplace Relations, Dept of Education and Training, Workplace,Comcare, Workplace Ombudsman and Worksafe. All of which said I was lying and making false claims and that I wasn’t suffering from depression or had I ever attempted suicide.These are the members from the Government I have written to, John Howard, Kevin Rudd, Sen Nick Minchin, Joe Hockey and Malcolm Turnball. All of which have not replied at all, except to say it’s a matter for the courts.I put forward a complaint of Kevin Rudd’s and the Govt Dept’s failures to his office and Governor General. Mr Rudd then sent detectives from the Nunawading branch to investigate me for making a threat to go on a shooting rampage. We met at the Nunawading Police station and the investigation was carried out, to no avail did the police believe there was any threat or a threat made against Auspost or to Civilians. Mr Rudd believed enough to have detectives involved to investigate my depressed state although not once has Auspost ever been investigated nor for the Unequal pay which the Govt said they did not see a problem with being paid a receptionist wage while working in IT for three years
Regards
Fred