I believe that UNIONS NSW are basically heading in the right direction. This also needs to include psychological and mental health damage to workers through the injury management process of workers compensation systems. The IWSN’s recent survey shows that uncaring and hostile employers and insurers has been consistently cited as a major obstacle for most injured workers. Furthermore, the pressures resulting from these failures impact on other areas of injured workers lives which further hamper attempts at recovery. In too many cases, injured workers report that employers do everything they can to stop them from returning to work and that insurers attempt to bully them and their treating doctors into treatment schedules that ignore medically accepted treatment standards. This also leads to increased stress, hampers recovery and in many cases leads to secondary psychological injuries.
Working too hard for bully boy boss
- Bruce McDougall
- The Daily Telegraph
- July 13, 2012
WORKERS who believe they have been driven too hard by the boss could mount a claim of bullying under radical changes to workplace laws.
Unions NSW is pressing for an expansion of listed risk factors for workplace bullying to include “work overload, systems changes, exposure to violence and fatigue and bad safety practice”.
The peak trade union body is seeking mandatory reporting of psychological injuries and funding for a national bullying helpline.
In a submission for the federal inquiry into workplace bullying, Unions NSW wants the definition of workplace bullying to include psychological and mental health damage to workers.
The demands have major cost implications for employers facing an issue estimated by the Productivity Commission to already cost up to $36 billion a year.
“Often workplace bullying is the secondary hazard that results (in) injury after the presence of other workplace hazards including psychological hazards,” Unions NSW said in the submission.
“The increased stress may also cause people to use behaviour that may be viewed as bullying behaviour.”
The Australian Industry Group agreed yesterday that workplace bullying was a “significant issue” and more work was needed to address it. But director of national workplace relations Stephen Smith said the raft of new laws sought by the unions was not warranted.
“Safe Work Australia is developing a national code on workplace bullying and this should go a long way towards addressing the different definitions and approaches in each state,” Mr Smith said.
“The statistics . . . show that many complaints about workplace bullying turn out to not be valid — for example if an employer disciplines a poor performing employee in a reasonable way that is not bullying even though the employee may think that it is.”
Corporate chiefs including former BHP Billiton chairman and National Australia Bank chief executive Don Argus have warned of the vital need for Australia to boost productivity and blamed the workplace relations system for helping to hold the nation back.
Business Council of Australia president Tony Shepherd recently warned against complacency as former Western Mining chief executive Hugh Morgan claimed Australia was afflicted by a “we are all right Jack”mentality.
Retailer Gerry Harvey said yesterday workplace relations already were too complicated with the plethora of rules making it expensive for businesses to operate.
“No one truly understands them (the rules governing employee-employer relations) — they are not a big incentive to employ people,” Mr Harvey said.
Costs to employers and governments are soaring through decreased productivity, low morale, mental health issues, increased workers’ compensation claims, absenteeism and investigation and legal bills.
http://www.dailytelegraph.com.au/news/working-too-hard-for-bully-boy-boss/story-e6freuy9-1226424884906
Go, go unions NSW! They’re certainly on the right track and have got our full support!
I posted this reply a few days ago and felt I should post it again.
The National Review must not simply come up with more soft approach Policies and Soft Penalties.
VICTIMS NEED ACTION & NEED TO BE HEARD!
UNFORTUNEATLEY ALL THE POLICIES & STATEMENTS that employers have drawn up are absolutely useless. I work for a government entity and they have more policies, procedures and statements than I care to think about.
THE LAWS MUST BE ADDRESSED CHANGED AND STRENGHTHENED!
BULLIES MUST BE MADE PERSONALLY LIABLE FOR THEIR UNLAWFULL ACTIONS AS WELL AS THE BUSINESS!
The problem is that there have only been threats to prosecute and raise premiums and they are only for the most severe incidents. We all know Work Cover as an example are purely reactive they don’t investigate they don’t discourage there is not a proactive approach on work place issues. They merely respond reactively and unfortunately it is when it is Tragically too late.
The only way forward is to strengthen the protection laws and to establish an Independent Body run by Victims, Harsher Penalties, More Prosecutions, More Community Awareness and Public Shamming of the Employers and the Guilty who believe they are above the Law. Pass a law that if a Manager is found Guilty of Breaching Bullying and Harassment Laws, that they will be personally held liable for compensation and costs as well as the Employer, if they have no assets then Bankrupt them. Perhaps when it is their Money, their Livelihood that is on the line then they will reconsider before they act on their Evil Desires.
I also beleive that Even allegations should be recorded into a national register and to ensure it is recorded by employers a receipt number needs to be provided that can then be checked online by the Victim.
Help please I am a sole parent @52 living in a caravan moving around lost. 30yrs of teaching destroyed in 90days of bullying. Post @ SURPRISE assault in principals lockedf office for hour. Acting head teacher & colleagues knew NOTHING ABOUT ANY PROBLEMS. I collapsed & by Monday a FABRICATED STORY WITH NO EVIDENCE began a nightmare leading to 2x PTSD
Hi Christine,
I am so sorry to read of your ordeal and nightmare! The first step would be for you to seek urgent psychological support (if not already done). You can have psych counselling under Medicare under a mental health care plan if you can’t afford it and whilst you are trying to sort out a workers compensation claim. If you are located in Melbourne, we know of someone excellent who is well versed in this and also in workers comp and would also be able to take you on on a mental care plan if need be. (let us know)
You would need to lodge a claim so that you can get compensatiion, as in weekly payments, your medical treatment and medication paid for.
However for a stress claim to be successful you will need evidence.
That seems to be your biggest problem here.
Is there anyone who could/would be able to testify, be a witness to what has happened to you? Or perhaps someone who used to work at that school? Have you got any diary entries, emails, anything leading up to the incident, anything at all that could show some evidence of what took place?
Also see employee bullying guide
UNIONS have called for jail terms to be used as a penalty against workplace bullying, reported the Courier mail on 11 July. Some very interesting comments were made on this article:
Article:
The Australian Council of Trade Unions’ submission to a parliamentary inquiry into workplace bullying called for tougher penalties, including jail terms for extreme cases, and a greater recognition that employers have a responsibility to provide bullying-free workplaces.
The ACTU said research by the Productivity Commission found workplace bullying cost the economy $6 billion to $36 billion a year.
ACTU assistant secretary Michael Borowick, who will give evidence to the inquiry in Melbourne today, said:
“Although we need tougher penalties, it is more important that we change workplace culture to ensure bullying does not happen in the first place.”
Employer body, the Australian Industry Group told
Some comments:
“The ACTU people should also acknowledge that bullying in the workplace is often initiated by intimidating union members who squeal the loudest when someone even dares to gently and respectfully have another point of view! Workplaces are for everybody, not just for union heavies.”
“Is that not the Union way??? Approaches by the local rep in a previous job verged upon bullying, if not discrimination”
“Does this include the Union coming into my workplace and harrassing me to join the Union.”
“how about a commitment from the unions themselves to stamp out bullying BY the union heavies .. then they can talk about bullying in the workplace”
“In my experince with unions they are the biggest bullies around,with demands for everyone to be in unions to ther outragest demands for wage rises ”
“How about a report into tougher penalties and jail terms for union leaders who ignore orders from the Fair Work Australia when they lead unlawful strikes. Furthermore, how about all unions come under the umbrella of the Corporations Act so that their officers are subjected to the same criminal and civil provisions as every other Company director in this country so that improper conduct, as is alleged around the HSU saga, is dealt with appropriately. Absolute hypocrites pointing the finger for greater penalties for employers given the absence of any reasonable level of corporate governance in their own organisations and the entirely inadequate penalties under the Fair Work Act when their leaders thumb their noses at the law. A number of employers have been driven to the wall by such action. It simply is not a level playing field in this country any more.”
“What about unionists on strike bullying scab workers? Will this law apply to them?”
http://www.couriermail.com.au/news/queensland/actu-call-to-get-tougher-on-bullying/story-e6freoof-1226422944446
It cant come soon enough! Bullies should be made responsible for their actions because their destruction and pain they leave behind not only affects the victim, but the victims family also become victims. The innocent children that watch their parents try to negotiate their way through the garbage that is thrown at them. The children can’t always be protected from the trauma of it all, the lies, the manipulations, the isolation, the fellow workers turning against them because they don’t want to be dragged into it. The underminning of much needed medical treatment, turning a mans own doctor against him by introducing doubt! It’s criminal and a jail term would be just what they need to get the message. What we need is regulatory bodies with the backing of legislation that actually gives them power to act, not just investigate with recommendations. We so need this change! Bring it on!
As “At a Loss” suggested I would agree that an Independent Body run by Victims of bullying (including their spouse!) would be a fantastic idea. Just imagine if this body could have the power to act!