The following article from “The Conversation” expresses concern toward false accusations of bullying in the workplace. Regardless of opinion to be a victim of bullying or accused of bullying is serious. A safe means of reporting and gleening evidence without bias needs further consideration.
False workplace bullying claims – we’re not seeing an epidemic
The notion that we need a tribunal for workplace bullying claims is a good one. We need a place for people to go and report bullying without fear. I’d predict that with such a mechanism, and the clear implementation of criteria, reports would increase, at least in the short term (as was the case with so-called “repetitive strain injury”), but false reports would be easily weeded out so that appropriate and necessary actions can be taken.
A place for victims of workplace violence to report their experiences is not an unreasonable consideration.
Some time ago I became aware of an incident where a bullying victim was pressured into making a formal complaint.
A tormented victim of abusive behaviours from a number of employees in a work place, after making the complaint to HR, the bullies taunted the victim of not being able to produce a witness. Whilst waiting for the six month process of the HR to arrange a mediation, the disrespectful taunts continued both in the workplace and by email.
A scenario of exclusive control and domination. HR did nothing. The Workcover process lengthy, difficult and a level of distress the victim didn’t feel they could cope. Some of these bullies moved to other departments where similar complaints emerged.
I questioned would the outcome been different if the victim, bystanders, families and professionals were able to contact a bullying support-line? Where the names of all involved ,workplaces and behavioural patterns be accumulated, then confidentially, investigated by an independent body, having repeat offenders revealed and victims helped.
If bullying becomes an issue where a mental health professional is required the bullying needs to be mandatory reported. Anyone reporting is immediately covered by the whistle blowers act. This article touches on this issue.
I would be interested in what others think. It’s one thing to say,” deal with bullying” but we need some strategies to achieve safety for those reporting.[Mentioned source: The conversation: http://theconversation.edu.au/false-workplace-bullying-claims-were-not-seeing-an-epidemic-4479]
Shortlink: http://aworkcovervictimsdiary.com/?p=9517
Thank you Trinny for this excellent write up and for officially joining aworkcovervictimsdiary.com as a co-author – CONGRATULATIONS!
Please, folks, help us warmly welcome Trinny, who’s been our star contributor for ages!
“Trinny” is an injured worker (physically injured at work and secondary psych injured from the way she has been treated by her employer, and dare we say her workcover insurer..)
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Your great article certainly strikes a chord with me as well, not only in terms of the rampant bullying we see (so frequently too with physically injured workers) but also in terms of obtaining “witnesses” testimonials later down the track for a common law damages claim.
I can’t help but notice, through the years on workers comp and through my profound interactions with injured workers, that many genuine witnesses (i.e those who have really seen a physical accident happen) may, down the track (i.e years later) decide to withdraw or refrain from providing much needed testimonials in a court of law when a matter reached common law (damages claim), in particular where a matter is about negligence of the employer. Many times the “witness” will literally tell you (the injured worker or their lawyer) that they are too afraid to testify because they have been pressured not too (i.e. threat of dismissal from work). I kid you not! It happens more often that you think.
Not that long ago a friend of nine who is unfortunate enough to be seriously and permanently injured and is eligible for a damages claim (serious injury + sheer negligence of employer) commenced the proceedings for the common law claim (about 6 years after the accident). She (and her lawyers) contacted her manager (at the time of accident) to ask her for a written statement (affidavit and possible court testimony) abut the circumstances of the accident and in particular what she (management) had done after the accident. We know for a FACT that they had immediately changed certain protocols after the accident and abandoned that same very dangerous practice that led to the horrible accident. That same manager had in fact changed the “protocols” in writing (and my friend has a copy in writing at the time it changes in the policy procedures book with that managers signature). However, that manager said “she did not remember… could not remember”. Turns out, when my friend later bumped into that manager, she said she had been told by CEO that she was under no circumstance to “be a witness” for the “prosecution” or else she would “lose her job”.
What I am saying here is that Trinny is absolutely right. Bullying extends to those who are witnesses of the bullying (they in turn are bullied into SILENCE).
Something urgently needs to be done about this. Perhaps someone could tell a compelling real story to the parliamentary Inquiry about workplace bullying? Submissions are open til 29 June.
So true
This reminds me of something very striking Erin Brockovich told me when she visited me:
☛People who do BAD THINGS & THOSE THAT ENCOURAGE IT by doing nothing should be held ACCOUNTABLE!!!☚
Bullying claims are a minefield. Some cases are blatant bullying and quite honestly some bullying claims are from people being overly sensitive or retaliatory in content.
One person I worked with was informally disciplined for failing to adhere to OH&S procedures. She claimed she was going to make a complaint of harrassment and bullying to get even. I told her if she did, I would quite happily step up and tell management about this conversation.
One industry I worked in, I was on a particular site. Very high turnover of personnel, because of 2 bullies. One was physically violent, the other was verbal and just do little things to make your life there harder.
As the only female on site, I was ripped into on a regular basis.
They kept escalating with me. It all came to a head when I intervened when one of the bullies assaulted a fellow workmate. The bully stepped into me, his nose millimetres from my face and threatened to assault me. Told him I’d had enough and that I was making a complaint. He tried to hit me in the face with the phone, when I went to make the phone call. He continued to keep threatening to beat me up etc.
I went to the other landline in the office. He went to physically drag me away from it. I told him if he touched me, I will be calling the police. I made my phone call in front of him.
Other employees had already made complaints about those 2 and had been told if they made it formal, they would be fired or their lives would be made a living hell.
My two witnesses asked me to not involve them, cause they didn’t want to lose their jobs. One of the witness came forward after a few weeks- he said he couldn’t stand by, when I was fighting for them, and watch what was happening to me. He said they’d already taken everything from him. He couldn’t sleep, had tried to commit suicide. he had nothing left to lose.
I rocked the boat that hard, representatives flew down and investigated the Victorian head office. The investigation took over 2 years. They found corruption and everything.
I copped it hard. Almost broke me. I was getting threatening phone calls at home. I was told that I would be fired. My pay wouldn’t be put in. I was being investigated by the regulating body, because of false claims made by my district manager- it got thrown out of the tribunal. They started their own investigation against the company.
But, I’d go to other sites and people would tell me that they’d heard what was happening and because it was being investigated from interstate, they felt safe to make their complaints of bullying from district supervisors etc, to the investigators. And they’d thank me.
CONGRATULATIONS, Cass! Thank you for sharing this incredible story and for showing us what the word courage means!
I also have personally experienced some shocking bullying with re to a RTW. It was so so awful that my two colleagues at the time could no longer watch what was being done to me (the injured person). They were both highly regarded workers (we all worked in senior management roles- how ironic) and they put in their resignation, to make a stand. It was incredibly overwhelming and extremely “generous” of them to put their own lives and careers on the line for me. Yet they did as they felt morally obliged to do so.
Bullying can not be tolerated and should not. If you know that something is really wrong, you should stand up. The truth always prevails in the end.
The people (senior managers and RTW idiots) who bullied me to – yes, almost suicide – have now lost their careers and reputation and that workplace is extremely grateful to those who stood up and got rid of some really bad bad people….
Don’t know whether it was “courageous”, I just refused to tolerate that behaviour.
I refused to resign and they couldn’t legally fire me.
It did help me to continue, when people were thanking me and saying that because I was standing up to the bullies, they felt they could too.
Good to hear you got support from your work collegues