Liberal Website 05/01/12
The concerns about the Bullying Code of Practice in the harmonisation of
Occupational Health and Safety laws are yet another reason why the laws
should have been delayed Senator Abetz said today.
“As of January 1, for more than half of Australians these laws came
into effect – but we’ve got many parts, like the bullying code of practice,
that are yet to be finalised,” Senator Abetz said.
“It doesn’t help anyone to have a half finished job as the law of the land.”
"Minister Shorten must prove beyond doubt that his becoming Workplace
Relations Minister is not being used by him to act out his unfulfilled ambition
to become ACTU Secretary.”
“I have asked questions at Senate Estimates about bullying in the workplace
and welcome the concentration on stamping out workplace bullying however
the Government are sending a very mixed signal when on the one hand they
condemn bullying and on the other hand are abolishing the key agency specifically
set up to deal with bullying, thuggery and illegal activity in the building and
construction sector.”
“If the Government were consistent, they would keep the ABCC as is and
step up the campaign against workplace bullying,” Senator Abetz concluded.
Showing posts with label workplace bullying. Show all posts
Showing posts with label workplace bullying. Show all posts
Thursday, 5 January 2012
Saturday, 6 March 2010
Workplace bullying
Blake Dawson March 5 2010
A recent decision in Victoria highlights the importance of having adequate systems in place to prevent, and address, bullying in the workplace. The decision also reinforces the importance of the release mid last year of new guidelines in New South Wales and Victoria in relation to workplace bullying.
On 8 February 2010, a Melbourne Magistrate handed down fines totalling $335,000 in relation to proceedings commenced by WorkSafe Victoria in relation to persistent bullying by co-workers of a 19 year old employee at the café at which she was employed. An earlier inquest by the Coroner found that the employee committed suicide after such bullying.
Prosecutions were commenced against the company that owned the café, its director and three other co-workers. The fines imposed against individuals totalled $115,000.
Occupational health and safety laws require employers to provide a safe, risk free working environment. This includes taking measures to prevent and address workplace bullying.
Guidelines on workplace bullying
In 2009, WorkSafe Victoria and WorkCover New South Wales issued guidelines on workplace bullying entitled Preventing and Responding to Bullying at Work. Bullying, for the purposes of these guidelines, is considered to be repeated unreasonable behaviour directed towards a worker or group of workers that creates a risk to health and safety.
These new guidelines replace earlier publications released in 2005 in relation to bullying in the workplace and provide guidance on:
the types of behaviour that can constitute bullying;
risk management strategies that employers should utilise in order to identify, assess and control bullying in the workplace; and
how employers should respond to bullying in the workplace if it is detected.
The guidelines also include a number of tools for employers, such as a bullying risk indicator and employer checklist.
The recent approach of courts demonstrates that employers (and directors) must take steps to prevent bullying in the workplace. A failure to do so can attract criminal convictions and significant financial penalties.
Lessons for employers
Employers should ensure that they have an up to date policy in place which deals with bullying in the workplace. Such a policy should be developed in consultation with employees, have regard to the new guidelines and be properly implemented in the workplace.
Where bullying is identified, employers must take timely and appropriate action to ensure such conduct is properly addressed and prevented from recurring.
A recent decision in Victoria highlights the importance of having adequate systems in place to prevent, and address, bullying in the workplace. The decision also reinforces the importance of the release mid last year of new guidelines in New South Wales and Victoria in relation to workplace bullying.
On 8 February 2010, a Melbourne Magistrate handed down fines totalling $335,000 in relation to proceedings commenced by WorkSafe Victoria in relation to persistent bullying by co-workers of a 19 year old employee at the café at which she was employed. An earlier inquest by the Coroner found that the employee committed suicide after such bullying.
Prosecutions were commenced against the company that owned the café, its director and three other co-workers. The fines imposed against individuals totalled $115,000.
Occupational health and safety laws require employers to provide a safe, risk free working environment. This includes taking measures to prevent and address workplace bullying.
Guidelines on workplace bullying
In 2009, WorkSafe Victoria and WorkCover New South Wales issued guidelines on workplace bullying entitled Preventing and Responding to Bullying at Work. Bullying, for the purposes of these guidelines, is considered to be repeated unreasonable behaviour directed towards a worker or group of workers that creates a risk to health and safety.
These new guidelines replace earlier publications released in 2005 in relation to bullying in the workplace and provide guidance on:
the types of behaviour that can constitute bullying;
risk management strategies that employers should utilise in order to identify, assess and control bullying in the workplace; and
how employers should respond to bullying in the workplace if it is detected.
The guidelines also include a number of tools for employers, such as a bullying risk indicator and employer checklist.
The recent approach of courts demonstrates that employers (and directors) must take steps to prevent bullying in the workplace. A failure to do so can attract criminal convictions and significant financial penalties.
Lessons for employers
Employers should ensure that they have an up to date policy in place which deals with bullying in the workplace. Such a policy should be developed in consultation with employees, have regard to the new guidelines and be properly implemented in the workplace.
Where bullying is identified, employers must take timely and appropriate action to ensure such conduct is properly addressed and prevented from recurring.
Tuesday, 5 May 2009
Lois Craggill accuses Albion North primary of bullying
A GRANDMOTHER who was sacked by a primary school after 19 years of
service claims she was bullied by the principal and other staff.
Lois Craggill, 67, worked as a teacher's aide at Albion North primary until
she was dismissed while on long service leave.
Mrs Craggill, who has eight grandchildren, said yesterday that principal
Randall Shields had falsely claimed she was disruptive. "I've never raised
my voice at people, I have never bullied anybody. These allegations are
so petty," she said.
Mrs Craggill, who was on an annual salary of $33,000, said she was
devastated by her sacking and was considering legal action. "He (Mr Shields)
told me 'I can't afford you at the school, we're $70,000 in deficit, have you
thought of retiring'?" she said.
Mr Shields denied the bullying claim and said he was not involved in the
outcome of Mrs Craggill's case. "There's two sides to every story," he said.
Last year, more than 170 new WorkCover stress claims involving
government teachers were reported in Victoria, up from 125 in 2006.
Over the past three years at least $13 million has been paid in compensation
to 423 public school teachers and 38 principals. Most claimants were
secondary school teachers.
Australian Education Union state president Mary Bluett said bullying
incidents between teachers were not common, but could be destructive
when they occurred.
"Schools are stressful places and sometimes a trigger tips teachers
over the edge," she said.
It was hard to transfer teachers with problems because of autonomy.
Article from: The Herald Sun
service claims she was bullied by the principal and other staff.
Lois Craggill, 67, worked as a teacher's aide at Albion North primary until
she was dismissed while on long service leave.
Mrs Craggill, who has eight grandchildren, said yesterday that principal
Randall Shields had falsely claimed she was disruptive. "I've never raised
my voice at people, I have never bullied anybody. These allegations are
so petty," she said.
Mrs Craggill, who was on an annual salary of $33,000, said she was
devastated by her sacking and was considering legal action. "He (Mr Shields)
told me 'I can't afford you at the school, we're $70,000 in deficit, have you
thought of retiring'?" she said.
Mr Shields denied the bullying claim and said he was not involved in the
outcome of Mrs Craggill's case. "There's two sides to every story," he said.
Last year, more than 170 new WorkCover stress claims involving
government teachers were reported in Victoria, up from 125 in 2006.
Over the past three years at least $13 million has been paid in compensation
to 423 public school teachers and 38 principals. Most claimants were
secondary school teachers.
Australian Education Union state president Mary Bluett said bullying
incidents between teachers were not common, but could be destructive
when they occurred.
"Schools are stressful places and sometimes a trigger tips teachers
over the edge," she said.
It was hard to transfer teachers with problems because of autonomy.
Article from: The Herald Sun
Wednesday, 15 April 2009
Workers 'lying' to avoid the sack
WORKERS are deliberately lodging false bullying claims against other staff in
a desperate bid to save their jobs during the economic downturn.
With hundreds of Australian businesses downsizing, workplace lawyers
have reported an increased level of false bullying claims.
It is believed employees are singling out colleagues - in some cases managers -
in an attempt to shift scrutiny to others.
According to Harmers Workplace Lawyers, false and exaggerated claims
have reached record levels.
Managing partner Joydeep Hor said the trend could be attributed to job
uncertainty. "I've seen a significant increase in false bullying claims in
recent months, with bullying and harassment claims arguably at their
highest level ever," Mr Hor said. "When employees feel that their
employment is threatened, many feel cornered and helpless and some
even decide to take matters into their own hands to protect themselves."
He said some employees may even see this type of behaviour as a
bargaining tool which can insulate them against job loss.
"Given the often high-profile nature of bullying and harassment cases and
the negative impact on a company's reputation, employees can see the
bargaining power a claim like this might bring and they hope the claim will
mark them off limits for any future redundancies," he said.
A recent CareerOne online survey found 62 per cent of respondents believed
they had been bullied at work but only half that number were willing to
report the problem.
Now, in the wake of economic uncertainty and better education regarding
workers' rights, the number of people coming forward with either legitimate,
false or exaggerated claims is tipped to skyrocket.
While employers should be wary of false claims, Mr Hor said they also must
ensure the appropriate steps are taken to deal with each bullying claim properly
as they cannot presume a claim is false from the outset. "Though false claims
might be increasing, real cases of bullying continue to occur and must be dealt
with properly," he said.
Mr Hor advised employers to have a policy in place to prevent workplace
bullying and educate staff on compliance, as well as be vigilant about OH&S
laws and employee behaviour, and duly investigate any claims of bullying.
Ref: JESSICA LEO,
CAREERONE EDITOR
April 15, 2009
a desperate bid to save their jobs during the economic downturn.
With hundreds of Australian businesses downsizing, workplace lawyers
have reported an increased level of false bullying claims.
It is believed employees are singling out colleagues - in some cases managers -
in an attempt to shift scrutiny to others.
According to Harmers Workplace Lawyers, false and exaggerated claims
have reached record levels.
Managing partner Joydeep Hor said the trend could be attributed to job
uncertainty. "I've seen a significant increase in false bullying claims in
recent months, with bullying and harassment claims arguably at their
highest level ever," Mr Hor said. "When employees feel that their
employment is threatened, many feel cornered and helpless and some
even decide to take matters into their own hands to protect themselves."
He said some employees may even see this type of behaviour as a
bargaining tool which can insulate them against job loss.
"Given the often high-profile nature of bullying and harassment cases and
the negative impact on a company's reputation, employees can see the
bargaining power a claim like this might bring and they hope the claim will
mark them off limits for any future redundancies," he said.
A recent CareerOne online survey found 62 per cent of respondents believed
they had been bullied at work but only half that number were willing to
report the problem.
Now, in the wake of economic uncertainty and better education regarding
workers' rights, the number of people coming forward with either legitimate,
false or exaggerated claims is tipped to skyrocket.
While employers should be wary of false claims, Mr Hor said they also must
ensure the appropriate steps are taken to deal with each bullying claim properly
as they cannot presume a claim is false from the outset. "Though false claims
might be increasing, real cases of bullying continue to occur and must be dealt
with properly," he said.
Mr Hor advised employers to have a policy in place to prevent workplace
bullying and educate staff on compliance, as well as be vigilant about OH&S
laws and employee behaviour, and duly investigate any claims of bullying.
Ref: JESSICA LEO,
CAREERONE EDITOR
April 15, 2009
Thursday, 12 March 2009
Workplace Bullying Story - Today Tonight
Stats:
1 in 4 workers are being bullied.
Costs 13 billion dollars a year.
Monday, 27 October 2008
'Bullied' workers to fight reforms
WCV's would like to thank "ANNA" for this article.
Article from: Sunday Mail Newspaper
Written By: RENATO CASTELLO
October 26, 2008 01:00am
INJURED workers are uniting under a new peak body to fight the
controversial WorkCover reforms, saying they have been "bullied" for too
long.
And the group's spokeswoman has vowed to help people return to work
quicker, accusing the WorkCover system of "breaking" injured workers.
The body – which has the working name of Encompass – will provide
counselling, support and advice to injured workers and families of people
killed at work.
Encompass spokeswoman and injured worker Rosemary McKenzie-Ferguson
said changes to WorkCover meant people injured at work must stand united.
"The one thing we know more than anyone else is that when you're forced
into isolation, which the system does, you start to doubt your own injuries,"
she said."(The group) has been a long time in the making but with the change
of legislation . . . it has formalised it to the point that we have to do something.
"We can't rely on the system to fix the system because it's the system itself
that is broken and injured workers are being even more broken because of it.
"With the formation of this body, we intend to be a voice to be heard . . .
this is the first time this has actually been attempted in Australia."
In June, the State Government rammed through changes to the WorkCover
scheme – including cutting workers' entitlements – in a bid to rein in ballooning
unfunded liabilities nudging $1 billion.
Ms McKenzie-Ferguson – who runs advocacy group the Work
Injured Resource Connection Office – said the lobby group would
provide social workers, community advocates and possibly financial
counsellors to help injured workers. She said the group – which already has
about 200 members – would also write to Industrial Relations Minister
Paul Caica to seek an "observational seat" at WorkCover board meetings.
"We are quite serious in what we are doing because, quite frankly,
injured workers have been pushed and bullied for far too long," she said.
"Nobody sits down and explains to them what the (WorkCover) process
is and what's actually involved in returning to work.
"What we will be doing is hand-holding until they understand those
processes and encouraging them in their own return-to-work plans.
The problem now is employers simply don't know if they can trust the work
ethic of an injured employee so our goal is to try and break down those barriers."
She said Encompass had secured office space through an "industry heavyweight"
but would apply for money through WorkCover's $15 million return-to-work fund,
which was established as part of the State Government's review of the workers
compensation system.
WorkCover is offering one-off payments to any group that can devise
strategies to get people back into the workforce."We hope the minister will
be supportive and the corporation will be supportive," Ms McKenzie-Ferguson
said. An inaugural public meeting of Encompass is scheduled for December.
Article from: Sunday Mail Newspaper
Written By: RENATO CASTELLO
October 26, 2008 01:00am
INJURED workers are uniting under a new peak body to fight the
controversial WorkCover reforms, saying they have been "bullied" for too
long.
And the group's spokeswoman has vowed to help people return to work
quicker, accusing the WorkCover system of "breaking" injured workers.
The body – which has the working name of Encompass – will provide
counselling, support and advice to injured workers and families of people
killed at work.
Encompass spokeswoman and injured worker Rosemary McKenzie-Ferguson
said changes to WorkCover meant people injured at work must stand united.
"The one thing we know more than anyone else is that when you're forced
into isolation, which the system does, you start to doubt your own injuries,"
she said."(The group) has been a long time in the making but with the change
of legislation . . . it has formalised it to the point that we have to do something.
"We can't rely on the system to fix the system because it's the system itself
that is broken and injured workers are being even more broken because of it.
"With the formation of this body, we intend to be a voice to be heard . . .
this is the first time this has actually been attempted in Australia."
In June, the State Government rammed through changes to the WorkCover
scheme – including cutting workers' entitlements – in a bid to rein in ballooning
unfunded liabilities nudging $1 billion.
Ms McKenzie-Ferguson – who runs advocacy group the Work
Injured Resource Connection Office – said the lobby group would
provide social workers, community advocates and possibly financial
counsellors to help injured workers. She said the group – which already has
about 200 members – would also write to Industrial Relations Minister
Paul Caica to seek an "observational seat" at WorkCover board meetings.
"We are quite serious in what we are doing because, quite frankly,
injured workers have been pushed and bullied for far too long," she said.
"Nobody sits down and explains to them what the (WorkCover) process
is and what's actually involved in returning to work.
"What we will be doing is hand-holding until they understand those
processes and encouraging them in their own return-to-work plans.
The problem now is employers simply don't know if they can trust the work
ethic of an injured employee so our goal is to try and break down those barriers."
She said Encompass had secured office space through an "industry heavyweight"
but would apply for money through WorkCover's $15 million return-to-work fund,
which was established as part of the State Government's review of the workers
compensation system.
WorkCover is offering one-off payments to any group that can devise
strategies to get people back into the workforce."We hope the minister will
be supportive and the corporation will be supportive," Ms McKenzie-Ferguson
said. An inaugural public meeting of Encompass is scheduled for December.
Wednesday, 22 October 2008
Case Law on Workplace Bullying
Claims related to events that could be characterised as bullying have been
and continue to be dealt with before Courts and Tribunals as unfair dismissal
claims, discrimination claims, occupational health and safety breaches, breaches
of statutory duty or negligence actions.
A quick trawl through any case law directory using search terms such as ‘bullying’
‘abusive’, ‘intimidatory’ will produce a list of successful claims.
A few examples – many of which either the complainant/plaintiff, or the
judgment itself describe as involving bullying - are:
♦ Horne & McIntosh v Press Clough Joint Venture – 1994 WA Equal Opportunity
Commission – sexual harassment claim involving elements of bullying (WA
Equal Opportunities Act) - $92,000 awarded.
♦ Arnold v Midwest Radio P/L – 1999 Qld Equal Opportunity Commission
(Queensland Workplace Health & Safety Act) – $549,000 initially awarded
for bullying behaviour, but - later set aside on appeal on a matter to do with causation.
♦ Blenner-Hasset v Murray Goulburn Co-operative P/L & Ors – 1999 County
Court Victoria – common law claim for harassment/bullying - $350,000 awarded.
McKenna v State of Victoria – 2000 Vic Equal Opportunity Commission sexual
harassment claim involving bullying (Vic Equal Opportunities Act) - $120,000
awarded.
♦ Serratore v Doyles Construction Lawyers (2) – 2001 Queensland Industrial
Relations Commission – Application for reinstatement under QLD Industrial
Relations Act - $10,000.00 awarded for hurt, humiliation and distress related
to bullying behaviour.
♦ Marilyn Barton AND Baker Johnson Lawyers – 27 June 2003 decision by
Queensland Industrial Relations Commission – 6 months compensation
awarded to legal secretary for workplace bullying by the principal partner
and another lawyer (abusive and intimidatory swearing and yelling at
applicant, and other repeated intimidatory behaviour). It is to be noted
that the Commission has referred the transcript of this case to the
Queensland Minister for Industrial Relations given its concerns about the
health and safety of the workers at Baker Johnson Lawyers.
and continue to be dealt with before Courts and Tribunals as unfair dismissal
claims, discrimination claims, occupational health and safety breaches, breaches
of statutory duty or negligence actions.
A quick trawl through any case law directory using search terms such as ‘bullying’
‘abusive’, ‘intimidatory’ will produce a list of successful claims.
A few examples – many of which either the complainant/plaintiff, or the
judgment itself describe as involving bullying - are:
♦ Horne & McIntosh v Press Clough Joint Venture – 1994 WA Equal Opportunity
Commission – sexual harassment claim involving elements of bullying (WA
Equal Opportunities Act) - $92,000 awarded.
♦ Arnold v Midwest Radio P/L – 1999 Qld Equal Opportunity Commission
(Queensland Workplace Health & Safety Act) – $549,000 initially awarded
for bullying behaviour, but - later set aside on appeal on a matter to do with causation.
♦ Blenner-Hasset v Murray Goulburn Co-operative P/L & Ors – 1999 County
Court Victoria – common law claim for harassment/bullying - $350,000 awarded.
McKenna v State of Victoria – 2000 Vic Equal Opportunity Commission sexual
harassment claim involving bullying (Vic Equal Opportunities Act) - $120,000
awarded.
♦ Serratore v Doyles Construction Lawyers (2) – 2001 Queensland Industrial
Relations Commission – Application for reinstatement under QLD Industrial
Relations Act - $10,000.00 awarded for hurt, humiliation and distress related
to bullying behaviour.
♦ Marilyn Barton AND Baker Johnson Lawyers – 27 June 2003 decision by
Queensland Industrial Relations Commission – 6 months compensation
awarded to legal secretary for workplace bullying by the principal partner
and another lawyer (abusive and intimidatory swearing and yelling at
applicant, and other repeated intimidatory behaviour). It is to be noted
that the Commission has referred the transcript of this case to the
Queensland Minister for Industrial Relations given its concerns about the
health and safety of the workers at Baker Johnson Lawyers.
Saturday, 20 September 2008
Work-Related Stress: a Review of Developments in the UK
OHS Labour Review, issue no. 190
By N Ellis
In the United Kingdom, community surveys have shown that stress is a leading
cause of work absence and that work-related stress is a leading cause of
musculoskeletal disorders as a perceived cause of self-reported work-related
ill-health.
These findings resulted in the British Health and Safety Executive (HSE)
adopting stress as a priority issue and developing a ten year action program,
including the development of stress management standards which were released
in 2005. This article focuses on the potential significance of UK standards for
Australia.
(Journal of Occupational Health and Safety Australian and New Zealand. vol. 23,
no 4, August 2007. pp373-81)
Visit the Health and Safety Executive (UK) stress website
By N Ellis
In the United Kingdom, community surveys have shown that stress is a leading
cause of work absence and that work-related stress is a leading cause of
musculoskeletal disorders as a perceived cause of self-reported work-related
ill-health.
These findings resulted in the British Health and Safety Executive (HSE)
adopting stress as a priority issue and developing a ten year action program,
including the development of stress management standards which were released
in 2005. This article focuses on the potential significance of UK standards for
Australia.
(Journal of Occupational Health and Safety Australian and New Zealand. vol. 23,
no 4, August 2007. pp373-81)
Visit the Health and Safety Executive (UK) stress website
Wednesday, 6 August 2008
Obstruction can lead to jail sentence
WORKSAFE Victoria is investigating three separate alleged obstructions to
its inspectors during the end of May.
Police were called during the 30 May 2008 incident at a construction site at
Pascoe Vale South. Another obstruction incident had occurred on the same site
on 29 May, and a third happened on the afternoon of 30 May at a residential
care facility in Melbourne’s west.According to the workplace safety authority,
its inspectors have the right to enter workplaces at any time to ensure safety
measures are maintained.
It warns employers obstructions can lead to criminal prosecutions.Individuals
can be fined up to $6450 for obstructing inspectors, while companies can be
fined $322,000.
If assault, intimidation or threats occur against the inspector,
a maximum two year prison term is possible, along with fines of $129,000
for companies or $26,000 for individuals.
WVC's: why doesn't worksafe care as much about their injured workers
who have suffered with workplace bullying as they do their inspectors?
I dont see worksafe jumping all over employers who have already been
accused of this very issue?
Come on worksafe you have to learn to play fair!
its inspectors during the end of May.
Police were called during the 30 May 2008 incident at a construction site at
Pascoe Vale South. Another obstruction incident had occurred on the same site
on 29 May, and a third happened on the afternoon of 30 May at a residential
care facility in Melbourne’s west.According to the workplace safety authority,
its inspectors have the right to enter workplaces at any time to ensure safety
measures are maintained.
It warns employers obstructions can lead to criminal prosecutions.Individuals
can be fined up to $6450 for obstructing inspectors, while companies can be
fined $322,000.
If assault, intimidation or threats occur against the inspector,
a maximum two year prison term is possible, along with fines of $129,000
for companies or $26,000 for individuals.
WVC's: why doesn't worksafe care as much about their injured workers
who have suffered with workplace bullying as they do their inspectors?
I dont see worksafe jumping all over employers who have already been
accused of this very issue?
Come on worksafe you have to learn to play fair!
Friday, 1 August 2008
WorkSafe defended over bullying investigation
Victorian WorkCover Minister Tim Holding has defended WorkSafe,
despite an ombudsman's report slamming its handling of claims that Police
Association secretary Paul Mullet bullied other union staff.
The damning ombudsman's report tabled in Parliament found Victoria Police
had bounced the bullying claims to WorkSafe and WorkSafe had failed
to properly investigate.
The allegations arose after two police officers used the Whistleblowers
Protection Act to raise concerns about Mr Mullet's actions and other
complaints followed.
The ombudsman found WorkSafe's handling of the complaint was inadequate
and ignored important evidence.
The ombudsman has recommended police and WorkSafe renew their investigations.
Mr Holding concedes there were some short comings in the handling of the
claims and says WorkSafe will adopt the recommendations.
"The ombudsman clearly found that they hadn't acted improperly, it's just that
they hadn't conducted a full and thorough investigation," Mr Holding said.
"He's made some pretty clear recommendations as to how they can sharpen
up their processes and WorkSafe have indicated that they're willing to take
on board those recommendations." Both WorkSafe and Victoria Police have
agreed to the ombudsman's recommendations.
WCV's: How many times have worksafe not investigated properly Mr Holding?
and how can the ombudsman's office believe that worksafe had not acted improperly?
If you ignore important evidence and not do a full and complete investigation
then, you have acted improperly!
The lack of proper and thorough investigations is putting injured workers at
risk. Worksafe do ignore important information on many cases that they assess
and I for one have had this experience personally.
The fact that you admit to worksafe being incompetent and inadequate speaks
for itself, and this case should make you pay attention to the complaints you
receive about worksafe and not ignore them as you are.
What have you done about this?.
despite an ombudsman's report slamming its handling of claims that Police
Association secretary Paul Mullet bullied other union staff.
The damning ombudsman's report tabled in Parliament found Victoria Police
had bounced the bullying claims to WorkSafe and WorkSafe had failed
to properly investigate.
The allegations arose after two police officers used the Whistleblowers
Protection Act to raise concerns about Mr Mullet's actions and other
complaints followed.
The ombudsman found WorkSafe's handling of the complaint was inadequate
and ignored important evidence.
The ombudsman has recommended police and WorkSafe renew their investigations.
Mr Holding concedes there were some short comings in the handling of the
claims and says WorkSafe will adopt the recommendations.
"The ombudsman clearly found that they hadn't acted improperly, it's just that
they hadn't conducted a full and thorough investigation," Mr Holding said.
"He's made some pretty clear recommendations as to how they can sharpen
up their processes and WorkSafe have indicated that they're willing to take
on board those recommendations." Both WorkSafe and Victoria Police have
agreed to the ombudsman's recommendations.
WCV's: How many times have worksafe not investigated properly Mr Holding?
and how can the ombudsman's office believe that worksafe had not acted improperly?
If you ignore important evidence and not do a full and complete investigation
then, you have acted improperly!
The lack of proper and thorough investigations is putting injured workers at
risk. Worksafe do ignore important information on many cases that they assess
and I for one have had this experience personally.
The fact that you admit to worksafe being incompetent and inadequate speaks
for itself, and this case should make you pay attention to the complaints you
receive about worksafe and not ignore them as you are.
What have you done about this?.
Saturday, 26 July 2008
Vic campaign launched to tackle workplace bullying
The Victorian Government has launched a campaign to tackle bullying and
occupational violence in Victoria, which it estimates cost business $3 bn a year
through lost productivity and absenteeism.
At the launch of the campaign at Parliament House, WorkCover Minister Rob
Hulls said both the number and the cost of bullying claims are on the rise.
"Workplace bullying claims made to the Victorian WorkCover Authority
totalled $57 m in 2001–02, up from $51 m in 2000 –01," he said.
A Guidance Note has been developed to provide straight forward information
on preventative measures for bullying and workplace violence. This note is also
expected to limit the physical and psychological effects bulling has on individuals,
families and also productivity.
Hulls said the Guidance Note made it clear that bullying should never be
"part of the job"."Employers and employees need to work together to identify
the factors that increase the risk of bullying or occupational violence, and
employers need to educate themselves and the workforce about acceptable
behaviour," said Hulls.
The VWA received 1,148 claims for workplace bullying and harassment
incidents from 2001-02.
Issue 21, 21 February 2003
occupational violence in Victoria, which it estimates cost business $3 bn a year
through lost productivity and absenteeism.
At the launch of the campaign at Parliament House, WorkCover Minister Rob
Hulls said both the number and the cost of bullying claims are on the rise.
"Workplace bullying claims made to the Victorian WorkCover Authority
totalled $57 m in 2001–02, up from $51 m in 2000 –01," he said.
A Guidance Note has been developed to provide straight forward information
on preventative measures for bullying and workplace violence. This note is also
expected to limit the physical and psychological effects bulling has on individuals,
families and also productivity.
Hulls said the Guidance Note made it clear that bullying should never be
"part of the job"."Employers and employees need to work together to identify
the factors that increase the risk of bullying or occupational violence, and
employers need to educate themselves and the workforce about acceptable
behaviour," said Hulls.
The VWA received 1,148 claims for workplace bullying and harassment
incidents from 2001-02.
Issue 21, 21 February 2003
Sunday, 20 July 2008
Workplace Discrimination Case
Workplace Bullying - Settlement : $342,989.
The ACT Supreme Court, in Australia, has ordered British Aerospace to pay
$342,989 to former technician, Stig Haken Hellsing, who contracted a major
depressive illness, in part through having to work under a drunken night-shift
supervisor for several years during the early 1990's.
The management of the Tidbinbilla deep space tracking station were aware
of the situation but did nothing. The payout might have been much higher, and
possibly greater than $900,000, if the court's Master, Terry Connolly, had
accepted in full Mr Hellsing's claims, particularly that he was now permanently
unfit for work. Mr Hellsing gave up work in 1995, suffering the effects of stress,
after he had been forced to move to a day shift, at a much reduced salary, in
order to avoid his earlier request for a redundancy package. He had originally
applied for a redundancy package before Ryan had left. It was after Ryan's
departure that Mr Hellsing asked that it be withdrawn.
Mr Connolly said British Aerospace had admitted liability for Mr Hellsing's
condition and was not contesting his evidence.
Courtesy: Workplace Injuries Lawyers
The ACT Supreme Court, in Australia, has ordered British Aerospace to pay
$342,989 to former technician, Stig Haken Hellsing, who contracted a major
depressive illness, in part through having to work under a drunken night-shift
supervisor for several years during the early 1990's.
The management of the Tidbinbilla deep space tracking station were aware
of the situation but did nothing. The payout might have been much higher, and
possibly greater than $900,000, if the court's Master, Terry Connolly, had
accepted in full Mr Hellsing's claims, particularly that he was now permanently
unfit for work. Mr Hellsing gave up work in 1995, suffering the effects of stress,
after he had been forced to move to a day shift, at a much reduced salary, in
order to avoid his earlier request for a redundancy package. He had originally
applied for a redundancy package before Ryan had left. It was after Ryan's
departure that Mr Hellsing asked that it be withdrawn.
Mr Connolly said British Aerospace had admitted liability for Mr Hellsing's
condition and was not contesting his evidence.
Courtesy: Workplace Injuries Lawyers
Monday, 14 July 2008
APESMA - Professional Womens Network
Professional Update / Professional Network article
Professional Update - Vol 12 No 3 - May/June 2002
By Karinda Flavell, Membership Liaison Officer
Workplace bullying
Though there have been no large scale studies into the extent of bullying in
Australian workplaces, anecdotal evidence from agencies dealing with victims
of bullying, smaller studies and overseas research all indicate that it is a
significant problem.
In a 12 month period the Victorian Workcover Authority received 542 claims
where the injury was harassment or exposure to workplace occupational violence.
During the same year the Authority received a further 557 claims of injury due
to assault. The estimated costs of bullying to both employers, and the economy,
are substantial.
A model was developed to estimate the cost of workplace bullying based on a
very low 3.5 percent prevalence rate. It was found that the cost to the
Australian economy is likely to be somewhere between $6 billion and $13
billion per annum.
The cost of workplace bullying to the victim is of even more concern.
In one study 75 percent of victims of long term bullying displayed symptoms
of post-traumatic stress disorder.
Despite evidence that workplace bullying is destructive to employees,
employers and the economy, it has only recently become an issue being
researched and explored within Australia.
What is workplace bullying?
Though there are many common definitions of workplace bullying, there is
no single statutory or universally accepted one. This exacerbates the difficulties
of preventing and managing the problem.
The public comment draft of the Victorian Workcover Authority’s Proposed
Code of Practice for the Prevention of Bullying and Violence in the Workplace,
contains the following definition of workplace bullying:"Workplace bullying is
repeated, unreasonable behaviour directed toward an employee, or group of
employees, that creates a risk to health and safety."
Professional Update - Vol 12 No 3 - May/June 2002
By Karinda Flavell, Membership Liaison Officer
Workplace bullying
Though there have been no large scale studies into the extent of bullying in
Australian workplaces, anecdotal evidence from agencies dealing with victims
of bullying, smaller studies and overseas research all indicate that it is a
significant problem.
In a 12 month period the Victorian Workcover Authority received 542 claims
where the injury was harassment or exposure to workplace occupational violence.
During the same year the Authority received a further 557 claims of injury due
to assault. The estimated costs of bullying to both employers, and the economy,
are substantial.
A model was developed to estimate the cost of workplace bullying based on a
very low 3.5 percent prevalence rate. It was found that the cost to the
Australian economy is likely to be somewhere between $6 billion and $13
billion per annum.
The cost of workplace bullying to the victim is of even more concern.
In one study 75 percent of victims of long term bullying displayed symptoms
of post-traumatic stress disorder.
Despite evidence that workplace bullying is destructive to employees,
employers and the economy, it has only recently become an issue being
researched and explored within Australia.
What is workplace bullying?
Though there are many common definitions of workplace bullying, there is
no single statutory or universally accepted one. This exacerbates the difficulties
of preventing and managing the problem.
The public comment draft of the Victorian Workcover Authority’s Proposed
Code of Practice for the Prevention of Bullying and Violence in the Workplace,
contains the following definition of workplace bullying:"Workplace bullying is
repeated, unreasonable behaviour directed toward an employee, or group of
employees, that creates a risk to health and safety."
The draft offers the following as examples of bullying behaviour:
Verbal abuse
Excluding or isolating employees
Psychological harassment
Assigning meaningless tasks unrelated to the job
Giving employees impossible assignments
Deliberately changing work rosters to inconvenience particular employees
Deliberately withholding information that is vital for effective work performance.
Bullying behaviour may also involve the use of a system of work to bully an employee.
Workplace violence is also included in the proposed code of practice.
It is important to recognise the repetitive and systemic nature of bullying behaviour.
Research conducted in Sweden found bullying behaviour to be that which is repeated on a regular basis for a period of six months or more. An Irish Taskforce on Workplace Bullying found that bullies tend to operate over a long period of time, often with minor actions which accumulate to create a hostile work environment.
Many studies link the prevalence of bullying to characteristics of workplace organisation. Several factors appear influential, including workload, organisational culture, managerial styles, marginalisation and alienation. Internal change, budget cuts, employees without relevant skills being moved into management, and restructuring are all contributing factors. Biabik (Cited in Victorian Trades Hall Council, 2002) noted that "the organisational chaos that typifies many of today’s rapidly growing, downsizing and merging companies is an ideal environment for bullying behaviours."
Legal remedies for workplace bullying
Legal remedies are only one strategy in what needs to be a multi-faceted approach to the problem of workplace bullying. Awareness raising and education, training and publicity all need to be an integral part of any effort to address the issue. Legal remedies, however, are essential to assist victims and to prevent workplace bullying in the future.
There are many pieces of existing legislation that prohibit behaviours that might be constituted as workplace bullying, however, none are specifically targeted, or specifically address, the issue of bullying.
Criminal Law
Workplace bullying could be a crime if it amounts to assault, or threat of assault or involves injury.
Unfair Dismissal
Unfair Dismissal provisions within the Workplace Relations Act 1996 (WRA) (Commonwealth) are relevant to workplace bullying. A person dismissed on the grounds of bullying behaviour can apply to the Australian Industrial Relations Commission (AIRC) for unfair dismissal, as can an employee who has been dismissed as a result of bullying.
Victims of bullying can access remedies for unfair dismissal when termination may constitute an act of bullying, or where they have been terminated after making a complaint about bullying. An employee who leaves employment because the circumstances become unbearable may also apply for unfair dismissal on the grounds that the termination is a "constructive dismissal".
The remedies available through unfair dismissal provide victims of bullying with some compensation, and act as a warning to employers and thus are a preventative measure to some extent. They are limited, however, in that they are reactive – they only provide compensation once the employment relationship has been terminated.
Anti Discrimination Legislation
Employees are often bullied because of a particular characteristic, i.e. race or sex. Thus anti-discrimination legislation can be very important. Legislation exists at both the Commonwealth and State level to address issues of discrimination. The Commonwealth legislation (three separate acts relating to race, disability and sex) prohibits both discrimination and harassment related to the relevant characteristic. The Equal Opportunity Act 1995 in Victoria prohibits discrimination in employment on the basis of the following attributes; age, carer status, impairment (disability), industrial activity, lawful sexual activity, sexual orientation, marital status, parental status, physical features, political belief or activity, pregnancy, race, religion, sex, personal association, gender identity, and breastfeeding.
In a recent NSW case a prison officer was victimised and harassed because of her sex and race. The employer defended the actions of her supervisor (the bully). The employer was ordered to pay $47,500.
The remedies available under anti-discrimination legislation can be accessed whilst the employment relationship still exists, making this avenue slightly less reactive than unfair dismissal remedies. This remedy is limited, however, not only to people who have the specified attributes, but to bullying based on discriminatory grounds.
Occupational Health and Safety Legislation
Occupational Health and Safety legislation exists in each state. Section 21 (1) of the Occupational Health and Safety Act 1985 (Victoria) states that "an employer shall provide and maintain so far as is practicable for employees a working environment that is safe without risks to health". Health includes both physical and mental health. Employers have a number of duties under the act including providing adequate "supervision, instruction, information and training necessary for employees to do their work safely" (Victorian Workcover Authority, 2001, p16), and to consult with an employee who is appropriately trained and acts as an occupational health and safety representative.
Despite (reasonably) comprehensive legislation, and the number of Workcover claims caused by bullying or harassment, there have been very few cases where employers have been prosecuted for contravention of the Act over bullying. The majority of cases which have gone ahead have involved physical violence. A Queensland paper on workplace bullying noted that:
"Workplace bullying cases are often difficult for Workplace Health and Safety Inspectors to investigate, because they involve how people relate to each other. This often requires specialised expertise that the majority of inspectors do not possess" (Queensland Workplace Bullying Taskforce, 2001, p33). The legislation and authorities governing occupational health and safety in Australia have not, to date, dealt specifically with workplace bullying – with the exception of some educational materials. In an effort to do so WorkSafe, a division of the Victorian Workcover Authority, has drafted a Code of Practice or the Prevention of Bullying and Violence in the Workplace. The Code of Practice is not mandatory and relies on the existing Occupational Health and Safety Act 1985 for legal status.
WorkSafe has stated that "the proposed code is intended to clarify the employer’s duties in relation to the control of bullying within the workplace" (Victorian Workcover Authority, 2001b). The code of practice will also provide Occupational Health and Safety Inspectors with a clearer basis for raising concerns with employers. It remains unclear to what extent inspectors will be trained and equipped with resources to address issues of bullying and, if need be, prosecute employers.
References:
Queensland Workplace Bullying Taskforce (2001) Workplace Bullying: Issues Paper
Victorian Trades Hall Council (2002) Submission on The Prevention of Bullying and Violence in the Workplace (Public Comment Draft) Melbourne
Victorian Workcover Authority (2001) Proposed Code of Practice for the Prevention of Bullying and Violence in the Workplace
Beyond Bullying News Release 22 October, 2007
Is workplace bullying busting your bottom line?
Bullying at work costs organisations in terms of productivity, absenteeism
and turnover. It impacts on the well-being of individuals causing stress,
anxiety and uncertainty. Some targets go on to develop depression, and
may contemplate suicide.
On the eve of Safe Work Australia Week (Oct 21-27), growing attention
should be paid to workplace bullying as an occupational health and safety issue.
Recent claims of bullying in the NSW health system have drawn attention to
the issue, but the reports are likely to underestimate the frequency of
bullying behaviour. Recent studies undertaken in Australia and other
developed countries show that fear of reprisal or payback is a major reason
why targets of workplace bullying behaviour don’t report it. It has been
found that 40% of workplace bullying goes unreported.
Dr Anne Wyatt, Director of Beyond Bullying and Visiting Fellow at the School
of Safety Science, UNSW, said “Workplace bullying behaviour presents a
serious hazard to health and well-being and should be managed like any
other risk”.
Workplace bullying can be encountered in any workplace, regardless of industry
or size. “It doesn’t matter if you’re working in an office, a building site, or a
manufacturing plant, workplace bullying behaviours can still be present, and
must be identified, assessed and controlled” said Dr. Carlo Caponecchia,
Associate Lecturer at the School of Safety Science, UNSW. “It would be a
mistake to dismiss it as not occurring in your workplace – bullying can be very
subtle, hard to identify, and people often feel humiliated about saying something,
or they may be afraid of losing their job”.
Bullying behaviours include repeated undue criticism, assigning meaningless
tasks, yelling and abuse, setting colleagues up to fail, and physical or social
isolation, to name a few. In terms of management, it is important to be clear
about what behaviours can and what behaviours cannot be classified as bullying.
Organisations need to implement strategies that make people, as targets or
witnesses, feel safe about reporting bullying behaviours, and know that
something meaningful will be done about them.
Bullying at work costs organisations in terms of productivity, absenteeism
and turnover. It impacts on the well-being of individuals causing stress,
anxiety and uncertainty. Some targets go on to develop depression, and
may contemplate suicide.
On the eve of Safe Work Australia Week (Oct 21-27), growing attention
should be paid to workplace bullying as an occupational health and safety issue.
Recent claims of bullying in the NSW health system have drawn attention to
the issue, but the reports are likely to underestimate the frequency of
bullying behaviour. Recent studies undertaken in Australia and other
developed countries show that fear of reprisal or payback is a major reason
why targets of workplace bullying behaviour don’t report it. It has been
found that 40% of workplace bullying goes unreported.
Dr Anne Wyatt, Director of Beyond Bullying and Visiting Fellow at the School
of Safety Science, UNSW, said “Workplace bullying behaviour presents a
serious hazard to health and well-being and should be managed like any
other risk”.
Workplace bullying can be encountered in any workplace, regardless of industry
or size. “It doesn’t matter if you’re working in an office, a building site, or a
manufacturing plant, workplace bullying behaviours can still be present, and
must be identified, assessed and controlled” said Dr. Carlo Caponecchia,
Associate Lecturer at the School of Safety Science, UNSW. “It would be a
mistake to dismiss it as not occurring in your workplace – bullying can be very
subtle, hard to identify, and people often feel humiliated about saying something,
or they may be afraid of losing their job”.
Bullying behaviours include repeated undue criticism, assigning meaningless
tasks, yelling and abuse, setting colleagues up to fail, and physical or social
isolation, to name a few. In terms of management, it is important to be clear
about what behaviours can and what behaviours cannot be classified as bullying.
Organisations need to implement strategies that make people, as targets or
witnesses, feel safe about reporting bullying behaviours, and know that
something meaningful will be done about them.
Employer failed to provide a duty of care
In a 2005 New South Wales case, the appeal judges agreed with the trial
judge that the Plaintiff’s supervisor had failed in his duty of care to her in
relation to her asking him for assistance in relation to her team’s
insubordination. The Plaintiff had won her position as team leader over her
former manager. She was awarded nearly $340,000 in compensation.
The State’s appeal was dismissed.
(Source: ) Accessed 9th March 2008)
State of NSW v Mannall (October 25 2005), Mason P, Giles JA and Tobias
JA of the New South Wales Court of Appeal.
judge that the Plaintiff’s supervisor had failed in his duty of care to her in
relation to her asking him for assistance in relation to her team’s
insubordination. The Plaintiff had won her position as team leader over her
former manager. She was awarded nearly $340,000 in compensation.
The State’s appeal was dismissed.
(Source: ) Accessed 9th March 2008)
State of NSW v Mannall (October 25 2005), Mason P, Giles JA and Tobias
JA of the New South Wales Court of Appeal.
Workplace Bullying Case
The NSW Court of Appeal recently held a company to be vicariously liable for
the harassment and extreme bullying perpetrated on a labour hire employee
by its Fire and Safety Officer. The trial judge had found that the perpetrator’s
conduct was “so brutal, demeaning and unrelenting that it was reasonably
foreseeable that, if continued for a significant period of time ... it would be likely to cause significant, recognizable psychiatric injury”.
A damages award of $1,946,189.40 was upheld. In this case, Justice Basten
and Chief Justice Spigelman did not consider that vicarious liability for the
Fire and Safety Officer should be imposed on the labour hire company.
(Source: Accessed 9th March 2008)
Nationwide New Pty Ltd v Naidu & Anor; ISS Security Pty Ltd v Naidu
and Anor [2007] NSWCA 377 (21 December 2007)
the harassment and extreme bullying perpetrated on a labour hire employee
by its Fire and Safety Officer. The trial judge had found that the perpetrator’s
conduct was “so brutal, demeaning and unrelenting that it was reasonably
foreseeable that, if continued for a significant period of time ... it would be likely to cause significant, recognizable psychiatric injury”.
A damages award of $1,946,189.40 was upheld. In this case, Justice Basten
and Chief Justice Spigelman did not consider that vicarious liability for the
Fire and Safety Officer should be imposed on the labour hire company.
(Source: Accessed 9th March 2008)
Nationwide New Pty Ltd v Naidu & Anor; ISS Security Pty Ltd v Naidu
and Anor [2007] NSWCA 377 (21 December 2007)
Tuesday, 8 July 2008
The employers do it again!
Yesterday, I was made aware that my husbands ex - employers were at it again!
I have repeatedly asked the VWA to step in and enforce the workplace legislation
with this employer but they constantly ignore my requests.
Now this has happened
Case 6
History:
A worker was injured while out on a job.
He hit his head and severely injured his neck.
Others present at the accident site called the boss and told him what had
happened and that an ambulance was required.
The manger decided that an ambulance was not to be called and the
manager attended the accident scene himself.
This manager then made the injured worker get out of the vehicle he had
been injured in when the worker clearly could not do without a great deal
of pain. This manager then drove this injured worker some distance in
his car before medical help was obtained. The injured worker was hospitalised
and has also been hospitalised again since due to this injury.
This manager then hid this incident from his superiors and they were only
informed when the workers injuries declined again.
The lack of knowledge of this incident by the employers from their manager
was unreasonable and unethical but, the workplace legislation states that the
employers are responsible for their employees and any injuries that they
may cause therefore the responsibility lies with this employer.
My question is; what is workcover doing about this breach of the legislation?
The employers are responsible for their managers actions so, are worksafe
enforcing this? I would take a rough guess and assume they are not!
If workcover dont make this employer responsible for their empolyees
actions;then it leaves the injured workers no recourse for their injuries,
unfair dismissal, and constructive dismissal. This behaviour is unacceptable
and a clear breach of our workplace legislation.
I would love to name and shame this employer but, I know that I would
be opening up a can of worms to do so. So I wont but, I can tell you their
stories of dirty play and maybe one day workcover will listen!
I have repeatedly asked the VWA to step in and enforce the workplace legislation
with this employer but they constantly ignore my requests.
Now this has happened
Case 6
History:
A worker was injured while out on a job.
He hit his head and severely injured his neck.
Others present at the accident site called the boss and told him what had
happened and that an ambulance was required.
The manger decided that an ambulance was not to be called and the
manager attended the accident scene himself.
This manager then made the injured worker get out of the vehicle he had
been injured in when the worker clearly could not do without a great deal
of pain. This manager then drove this injured worker some distance in
his car before medical help was obtained. The injured worker was hospitalised
and has also been hospitalised again since due to this injury.
This manager then hid this incident from his superiors and they were only
informed when the workers injuries declined again.
The lack of knowledge of this incident by the employers from their manager
was unreasonable and unethical but, the workplace legislation states that the
employers are responsible for their employees and any injuries that they
may cause therefore the responsibility lies with this employer.
My question is; what is workcover doing about this breach of the legislation?
The employers are responsible for their managers actions so, are worksafe
enforcing this? I would take a rough guess and assume they are not!
If workcover dont make this employer responsible for their empolyees
actions;then it leaves the injured workers no recourse for their injuries,
unfair dismissal, and constructive dismissal. This behaviour is unacceptable
and a clear breach of our workplace legislation.
I would love to name and shame this employer but, I know that I would
be opening up a can of worms to do so. So I wont but, I can tell you their
stories of dirty play and maybe one day workcover will listen!
Monday, 23 June 2008
WorkSafe to crackdown on Victoria's workplace bullies
If this was stated December 14, 2001, why did it take another 3 years for
workcover to convict an employer of workplace bullying?
If workcover has received 1100 claims for workplace bullying as
Mr Merritt claims then I wonder, How many of the 1100 claims
did worksafe deny benefits too? and How many did they pay out on?
WorkSafe Victoria is apparently set to crackdown on workplace
bullies with the release of a draft code of practice for the
prevention of bullying and violence in the workplace.
WorkSafe Executive Director, John Merritt said employers
needed to tackle workplace bullies head on and ensure staff were
protected from workplace harassment and bullying."Unfortunately,
bullies often get away with it because their victims don't have the
support in the workplace to deal with the problem,". Mr Merritt
also said "When bullying goes unchecked it just gets worse," and
for those of us who have experianced workplace bullying know,
that it gets much worse when worksafe dont act on workers
complaints of workplace bullying although, we all know thats
so they dont have to pays us!
Mr Merritt said "In the last financial year alone, the Victorian
WorkCover Authority has received 1100 claims for compensation
as a result of workplace violence, harassment and bullying.
"These claims represent serious workplace pain and stress which
is completely avoidable," Mr Merritt said. "And sadly, we know
that bullying is heavily under reported so the true level of
workplace bullying and harassment is likely to be much higher
than this. Workcover Vicitms know that the reason for this is
because worksafe dont act on workers complaints of workplace
bullying.
Mr Merritt said that "On top of the human cost of bullying and
harassment there was a significant economic cost.
The Authority estimates the 1100 claims received last year
will cost more than $26 million in workers compensation
payments over the life of the claims" and I for one find that
comment hysterical because worksafe dont pay workplace
bullying claims; they deny them!.
"The draft code aims to help victims of bullying to understand
their rights and give guidance to employers to stop bullies in
their tracks," he said. "We are seeking public comment on the
draft code of practice to make sure we get strong public support
behind the best solutions to this growing problem."
"Bullies need to be stopped and they can be if employers and
workers join forces to prevent workplace violence and bullying.
"Mr Merritt said the best way to help reduce workplace bullying
was to create practical control plans to ensure bullies didn't get
away with it. But they are Mr Merrit, because worksafe have
been ignoring it for years, just look at the complaints worksafe
have received.
Those wanting a copy of the draft code of practice for comment
should contact WorkSafe Victoria in 9641 1333 or go to the
workplace bullying page.
workcover to convict an employer of workplace bullying?
If workcover has received 1100 claims for workplace bullying as
Mr Merritt claims then I wonder, How many of the 1100 claims
did worksafe deny benefits too? and How many did they pay out on?
WorkSafe Victoria is apparently set to crackdown on workplace
bullies with the release of a draft code of practice for the
prevention of bullying and violence in the workplace.
WorkSafe Executive Director, John Merritt said employers
needed to tackle workplace bullies head on and ensure staff were
protected from workplace harassment and bullying."Unfortunately,
bullies often get away with it because their victims don't have the
support in the workplace to deal with the problem,". Mr Merritt
also said "When bullying goes unchecked it just gets worse," and
for those of us who have experianced workplace bullying know,
that it gets much worse when worksafe dont act on workers
complaints of workplace bullying although, we all know thats
so they dont have to pays us!
Mr Merritt said "In the last financial year alone, the Victorian
WorkCover Authority has received 1100 claims for compensation
as a result of workplace violence, harassment and bullying.
"These claims represent serious workplace pain and stress which
is completely avoidable," Mr Merritt said. "And sadly, we know
that bullying is heavily under reported so the true level of
workplace bullying and harassment is likely to be much higher
than this. Workcover Vicitms know that the reason for this is
because worksafe dont act on workers complaints of workplace
bullying.
Mr Merritt said that "On top of the human cost of bullying and
harassment there was a significant economic cost.
The Authority estimates the 1100 claims received last year
will cost more than $26 million in workers compensation
payments over the life of the claims" and I for one find that
comment hysterical because worksafe dont pay workplace
bullying claims; they deny them!.
"The draft code aims to help victims of bullying to understand
their rights and give guidance to employers to stop bullies in
their tracks," he said. "We are seeking public comment on the
draft code of practice to make sure we get strong public support
behind the best solutions to this growing problem."
"Bullies need to be stopped and they can be if employers and
workers join forces to prevent workplace violence and bullying.
"Mr Merritt said the best way to help reduce workplace bullying
was to create practical control plans to ensure bullies didn't get
away with it. But they are Mr Merrit, because worksafe have
been ignoring it for years, just look at the complaints worksafe
have received.
Those wanting a copy of the draft code of practice for comment
should contact WorkSafe Victoria in 9641 1333 or go to the
workplace bullying page.
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.
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.
Saturday, 21 June 2008
Workplace bullies cost taxpayers $1m
By Richard Baker State Political Reporter, October 7, 2004.
Victorian taxpayers face a massive bill for workplace bullying offences that
occur in State Government departments and agencies.
Documents tabled in State Parliament show that six bullying cases from last
year involving two government departments and one agency cost almost $1
million in settlement expenses and increases in WorkCover premiums.
Details of the bullying claims came as the Community and Public Sector Union
yesterday said one-third of public servants it surveyed, on behalf of WorkCover,
reported being the victims of bullying.
Further costs of bullying in the public service are expected to be revealed in
coming weeks as more departments and agencies disclose the extent of claims
and increases in WorkCover premiums.
The Opposition has submitted questions on notice to all ministers asking them
to disclose the cost of bullying claims made against departments and agencies
under their control during 2003.
Community and Public Sector Union assistant secretary Jim Walton yesterday
said bullying was a big problem in the public sector workforce.
Mr Walton said hundreds of public servants had been involved in the ongoing
survey. They had reported bullying offences that included physical violence,
harassment, intimidation and retribution.
The Education Department has recently received two WorkCover warnings -
one after a school services worker reported having a microphone cord placed
around their neck, and another when a school worker reported being physically
assaulted by a superior.
Mr Walton said the union was seeking talks with the Government to ensure
"stringent bullying policies" were implemented. "Our main concern is the
degree of independence of investigations. Often it is the person accused of
bullying that is left to deal with it," he said.
Documents show that VicRoads had five bullying offences reported last year
and the Department of Infrastructure faced one bullying allegation. Both bodies
are under the control of Transport Minister Peter Batchelor.
Four of the VicRoads bullying cases resulted in WorkCover claims that cost a
total of $151,400. The Infrastructure Department was ordered to pay $2399.
The four claims against VicRoads have increased its WorkCover premium by
$605,600.
Five bullying cases were reported to the Department of Sustainability
and Environment and other agencies under the control of Environment Minister
John Thwaites last year. Three of the complaints have resulted in WorkCover
investigations, with the total cost of the only claim to be competed so far
being $152,128. The completed claim had a huge impact on the department's
WorkCover premium, raising the cost by $84,319.
Opposition WorkCover spokesman Bill Forwood yesterday said a disturbing
trend was emerging that showed big internal problems in the public sector
workforce.
A spokeswoman for WorkCover Minister Rob Hulls said bullying in any
workplace was unacceptable and that the public service should set an example.
"The Bracks Government introduced guidelines for the prevention of bullying
and violence at work last year. This was endorsed by the Australian Industry
Group, Victorian Employers' Chamber of Commerce and Industry, Trades Hall
and the Master Builders Association," the spokeswoman said.
Bullying claimed a high profile scalp this year when former Queensland tourism
minister Merri Rose quit Premier Peter Beattie's front bench after a bullying
complaint laid by her former secretary was upheld.
Victorian taxpayers face a massive bill for workplace bullying offences that
occur in State Government departments and agencies.
Documents tabled in State Parliament show that six bullying cases from last
year involving two government departments and one agency cost almost $1
million in settlement expenses and increases in WorkCover premiums.
Details of the bullying claims came as the Community and Public Sector Union
yesterday said one-third of public servants it surveyed, on behalf of WorkCover,
reported being the victims of bullying.
Further costs of bullying in the public service are expected to be revealed in
coming weeks as more departments and agencies disclose the extent of claims
and increases in WorkCover premiums.
The Opposition has submitted questions on notice to all ministers asking them
to disclose the cost of bullying claims made against departments and agencies
under their control during 2003.
Community and Public Sector Union assistant secretary Jim Walton yesterday
said bullying was a big problem in the public sector workforce.
Mr Walton said hundreds of public servants had been involved in the ongoing
survey. They had reported bullying offences that included physical violence,
harassment, intimidation and retribution.
The Education Department has recently received two WorkCover warnings -
one after a school services worker reported having a microphone cord placed
around their neck, and another when a school worker reported being physically
assaulted by a superior.
Mr Walton said the union was seeking talks with the Government to ensure
"stringent bullying policies" were implemented. "Our main concern is the
degree of independence of investigations. Often it is the person accused of
bullying that is left to deal with it," he said.
Documents show that VicRoads had five bullying offences reported last year
and the Department of Infrastructure faced one bullying allegation. Both bodies
are under the control of Transport Minister Peter Batchelor.
Four of the VicRoads bullying cases resulted in WorkCover claims that cost a
total of $151,400. The Infrastructure Department was ordered to pay $2399.
The four claims against VicRoads have increased its WorkCover premium by
$605,600.
Five bullying cases were reported to the Department of Sustainability
and Environment and other agencies under the control of Environment Minister
John Thwaites last year. Three of the complaints have resulted in WorkCover
investigations, with the total cost of the only claim to be competed so far
being $152,128. The completed claim had a huge impact on the department's
WorkCover premium, raising the cost by $84,319.
Opposition WorkCover spokesman Bill Forwood yesterday said a disturbing
trend was emerging that showed big internal problems in the public sector
workforce.
A spokeswoman for WorkCover Minister Rob Hulls said bullying in any
workplace was unacceptable and that the public service should set an example.
"The Bracks Government introduced guidelines for the prevention of bullying
and violence at work last year. This was endorsed by the Australian Industry
Group, Victorian Employers' Chamber of Commerce and Industry, Trades Hall
and the Master Builders Association," the spokeswoman said.
Bullying claimed a high profile scalp this year when former Queensland tourism
minister Merri Rose quit Premier Peter Beattie's front bench after a bullying
complaint laid by her former secretary was upheld.
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