The Hurdle of Credibility for Bullied Workers

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The following article re workplace bullying was submitted by “Harry Hatzis”, as a Guest Post, and focuses on the credibility of a bullied worker, providing some insightful tips. Harry is writing an academic legal thesis on workplace bullying, victimisation, harassment and racial discrimination and whether the laws provide adequate redress to psychiatrically injured workers.

The Hurdle of Credibility for Bullied Workers

by Harry Hatzis
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  • A complainants credibility poses as another hurdle which  impacts the accessibility of redress for a bullied  worker. Although not a substantive criterion of an action, the credibility of a complainant poses a norm which deems that a successful claimant must be credible. This criterion exists widely in relation matters for deliberation involving workplace bullying. The essence of credibility is that a judge needs to believe that they are being informed of ‘the truth’.
  • The struggle of a bullied and psychiatrically injured worker is to find a fine line line between a dignified account of grief and sorrow or an unmeasured and emotional chronology of tribulations and issues which may impact badly on the credibility of the complainant. It seems that some display of emotion is beneficial but if the complainant collapsed to an exaggerated and emotional tirade, this likely to make the complaint uncredible.
  • Another struggle that a bullied worker is likely to face is that due to the psychiatric illness, recounting the course of conduct giving rise to the proceedings can be traumatic which causes difficulties with explaining times and dates and precise information as to what happened or otherwise. This was the case in Doulis but he credibility was saved by other witnesses and Psychiatric opinion.
  • But also the reality is that many cases don’t find themselves this far because of issues of credibility or concerns of the plaintiff not being a reliable witness. This can lead to settlement before hearing were the [bullied] worker may receive less than what could be awarded at trial.

 

With this, again the nature of the illness makes it difficult for bullied workers to access redress affecting the adequacy of redress available to bullied workers.

 



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One Response to “The Hurdle of Credibility for Bullied Workers”

  1. Just because you may ‘feel’ you have been bullied or hard done by doesn’t mean that the law will support you. And worse than that is if you have by definition no one really cares in wider community especially if you can’t prove it. Truth & justice is what you make it but don’t let it break you.

    As much as it pains me the past is in the past & sometimes you may need to leave it there. ‘You are better than your worst mistake’ was a quote I heard not long ago; remember that!

    Rudimentary I know but you need to work out whether to fight or take flight as the most basic human condition. Don’t get caught in the middle going around in circles. Civil suits are mostly about money. Bullying isn’t much different when it injures. You may aim to prove yourself or change attitudes which is noble & righteous but not guaranteed. Take care of yourself first & win either way!

    http://thinksimplenow.com/happiness/dealing-with-difficult-people/

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    HardRockTuffNut April 26, 2015 at 5:21 pm