Further to yesterday’s horrible story about how a WorkSafe inspector conducted herself when an injured worker asked for an investigation into workplace bullying, we dug a little deeper and stumbled on this legal case whereby an investigator accused a worker of being in a homosexual relationship with the manager! The worker said the accusation was false and that it made her feel distressed and discriminated against. She subsequently made a successful psychological injury claim.
Workplace investigation goes awry and causes psych injury
A case in how how not to manage a misconduct investigation.
The Queensland Industrial Relations Commission heard that in April 2010 a Mackay Base Hospital worker [the worker] had been called as a “witness” in an investigation into complaints made against the female manager who hired her.
The hospital’s CEO had told the worker that the investigation was not about her and that she should not be concerned about it. Because of this “reassurance”, the worker did not bring a support person along to the interview.
However, it turned out that, in the interview, an “independent” investigator actually accused the worker of being in a homosexual relationship with the manager!
The IR Commission heard from the worker that the accusation (of being in a homosexual relationship) was untrue and that the worker was consequently feeling distressed about (this allegation) and felt “quite discriminated” against.
The worker has subsequently lodged a workers compensation claim for psychological injury, which Q-Comp [workcover Queensland] accepted, however the worker’s employer [Queensland Health] appealed this!
The hearing
Mr Fisher, the Commissioner heard at the hearing that there had been an earlier inquiry into allegations and that the manager had taken “reprisal actions” against “another employee”, and that rumours had it that the manager was in a relationship with the worker. The manager had apparently failed to disclose the relationship when hiring the worker and had asked for the worker to be rostered off so she could take her on a holiday.
In its defense, the hospital (Queensland Health) argues hat the interview questions put to the aggrieved worker were “necessary and reasonable” and that they were not an “inquiry into the worker’s sex life”.
However, Commissioner Fisher found the accusations made against the manager were serious enough to involve police, and that the CEO had made a “fanciful distinction” that was “at best, misleading” in telling the worker the investigation “is not about you”.
Fisher also found the (aggrieved) worker had not been in a position to make an “informed decision” when she declined the offer of a support person, and that it was unclear what “authority or information” the investigator was acting on.
Commissioner Fisher stated that the CEO should have properly disclosed the issues to be raised before the interview, and provided the worker with a letter that stated:
- “You are to be asked questions of an extremely personal nature and questions that may well involve a reference of your case to the Queensland Police Service,”
- “You are hereby advised that you should have a support person present,” and
- “You should seek to be informed of the issues prior to answering any questions whatsoever.”
“The reality was that the subject matter of the allegations directly impacted on [the worker] both in terms of her continued employment with the hospital and in terms of her personal relationships being put under scrutiny by her employer,” the Commissioner said.
You can read the full case here: State of Queensland (Queensland Health) AND Q-COMP and Tracy Connors (WC/2010/173) (1 February 2012)
Shortlink: http://wp.me/p1MA9G-2xe
Something similar happened to me. After being sexually harassed in the workplace, then victimised and discriminated against by the employer for reporting the injury, I attended a circumstance investigation appointment and the first thing I was told was that one of my work colleagues had told the investigator that my partner had been taking photos of small children and had been investigated by police.
Obviously this was irrelevant to the workplace matters, but just as importantly, was completely untrue!
She was in a senior role in the company and so I had reported the sexual harassment to her, a general chat/discussion followed later that day, in which I told her a story about how my partner had been recently taking artistic photos of trees on a local street.
A woman from a school on the street had appeared and told him to stop taking photos as there was a school nearby.
There were no children present.
That woman then called the police who attended the scene and looked through my partner’s camera and found that there were no photos of children at all.
After I related this story to my work colleague she then told me a story about how she had been told not to take photos of her own children at school and we discussed the high level of alarm in society these days around these events.
We talked about how on one hand it’s good that there is an awareness of these issues around children, obviously an unrealistic and heightened paranoia in some cases.
This story had nothing to do with the harassment in the workplace and this work colleague chose to bring that up as if it had some relevance to the investigation, yet did not react with any alarm or outrage when I reported sexual harassment in the workplace, and instead used that story in the investigation! She had never even met my partner! Bizarre!
The person who sexually harassed and indecently assaulted me in the workplace even made partial admissions in a 3 and half hour police interview, but the police said there wasn’t enough evidence for a charge!!
I did not receive any support from any of my work colleagues, I was ostracised and constructively dismissed. The company even stole my personal diary, saying it contained “confidential company information”. They photocopied every single page of the diary and sent me the copies.
I had to get a lawyer to write a letter to get the diary back.
It just goes to show how people turn on you when you make a complaint and how people who report injuries are seen as somehow morally questionable or of bad character. Again, the perpetrators are protected and the victims are further victimised.
Dear Annie,
i am sorry to hear of your experience of sexual harassment in the work place. I have been ostrasised for reporting sexual harassment as well. The sad thing is that I worked for a well known disability support company and until this time was a highly respected member of staff. The perpetrator is still working there even though I have a letter from the company with his admission. They have also stated that they were remiss in their training on harassment and bullying. I have had to fight for workcover payments and have had every part of my life scrutinised which I am sure has resulted in a secondary injury. I am curious as to what you are doing now in regards to compensation? I do hope you get some justice.