Three Queensland Appeal Court judges have upheld a security guard’s
appeal and awarded her $364,008 in damages for a psychiatric illness
caused by her manager “verbally” abusing her.
QCA President Justice Margaret McMurdo and Justice Robert Gotterson
and Ann Lyons ruled University of Sunshine Coast’s (USC) failure to
investigate and take action on an earlier bullying and harassment
complaint left staff unreasonably exposed to risk of damage.
USC security guard Gjenie Wolters brought action against her employer
on the grounds it had breached its duty of care by failing to provide a
safe place of work. She alleged she developed a “debilitating
psychiatric illness” after her line manager Mark Bradley verbally
assaulted her in March 2008.
Wolters alleged Bradley “aggressively confronted” her, waved his arms
at her and yelled while accusing her of abandoning her duties during a
blackout. She said she attempted to explain her conduct, but Bradley did
not want to discuss the matter and “stormed off”.
Wolters lodged a grievance with USC HR the next day but the unit “declined to investigate her grievance”.
Bradley, the judges heard, had been the subject of a bullying and
harassment complaint some months earlier to Wolters’ grievance. Another
female security guard, Heather Carney, lodged a complaint Bradley
verbally assaulted her and threatened her position.
Carney voluntarily left USC but did not withdraw her complaint...
Former USC vice-chancellor Thomas said Bradley had a history of
raising his voice to security staff. But Thomas did not regard it as
bullying as security staff were “quite different from the normal people
who populate universities” and used to being yelled at.
The Appeal Court judges upheld Wolters’ argument USC’s failure to
investigate the Carney complaint meant “no consideration was given to
specific aspects of Mr Bradley’s conduct about which he should have been
counselled”. “It follows logically the appropriate reprimand and
counselling Mr Bradley would have been given would have placed
considerable emphasis on bringing that deficiency to his attention and
counselling him to check his facts first before criticising other staff
members.”
The judges awarded Wolters $364,008 and ordered USC to pay her legal costs for the appeal.
From: http://sites.thomsonreuters.com.au/workplace/2013/08/28/failure-to-investigate-bullying-claim-costs-350000/
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