Monday 23 June 2008

Landmark bullying conviction a first for Victoria

Why arent we seeing more of this from Workcover?

I myself have complained to the VWA about workplace bullying and it was
completely ignored so why, isnt workcover acting on more of these cases?

When is workcover going to introduce the appropriate legislation to stop
this from happening at all?

July 27, 2004

For the first time WorkSafe has successfully prosecuted verbal bullying under
Victoria’s Occupational Health and Safety Act.Reginald David Mowat, 34,
was convicted and fined $10,000 in the Ballarat Magistrates’ Court on two
counts relating to intimidating co-workers and for failing to take care for the
health and safety of others in the workplace. The Court heard that Mr Mowat,
a radio announcer for Radio Ballarat at the time of the incidents in 2002 and
2003, had on ten occasions, subjected fellow employees to verbal abuse and
threats of violence while at work. He also physically assaulted one worker.

While workers have, in the past, been prosecuted for physical
violence in the workplace, this is the first time a worker has been
convicted on allegations of intimidating co-workers.
Magistrate James Mornane said the “explosive manner in which (Mr Mowat)
acted towards other employees was completely inappropriate.”
He said the incidents were serious, repetitive and extended over a period of time
and resulted in abused workmates taking time off, being afraid, and not wanting
to come to work. He said in one case, a woman would not leave her office if Mr
Mowat was nearby.

Radio Ballarat Pty Ltd has also been charged with failing to provide a safe
workplace for its employees and will face a mention hearing on 11 August.
WorkSafe has produced a Workplace violence and bullying booklet that provides
employees with information about what to do if they have been bullied at work.

It is available from WorkSafe’s website www.workcover.vic.gov.au or by
calling 1800 136 089.

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