Call For Papers
The Centre for Research on Workplace Behaviours at the University of Glamorgan is delighted to announce that it will be hosting the 7th International Conference on Workplace Bullying and Harassment in June 2010.
Taking place from 2nd to 4th June at the Hilton Hotel in Cardiff, capital of Wales, the biennial conference will bring together researchers, academics, practitioners and students from around the world.
We are currently calling for abstracts/ papers, and streams include (but are not limited to):
• Bullying and Harassment
• Corporate Social Responsibility / Morality / Ethics
• Dignity at Work
• Discrimination
• Emotions
• Health and Wellbeing
• Interventions
• Industrial Relations
• Law
• Leadership
• Management
• Mediation / Counselling / Conflict
• Methodology
• Organisational Culture
• Power
• Role of Practitioners
• Whistleblowing
• Workplace bullying / Mobbing
• Workplace Cyber-bullying
For more information on submission, keynote speakers, venue and registration, please see www.bullying2010.com or email workplacebehaviours@glam.ac.uk
April 18, 2009
Sir Peter Scott and Kingston University Stung by Defamation Suit
Sadly, as a result of Kingston University's public press statements denying the authenticity of documentary evidence, which had been provided by Dr Howard Fredrics to the press and to HEFCE, Dr Fredrics found himself with no alternative than to issue defamation proceedings in the Surrey County Court against the University and it's Vice-Chancellor.
When a recent report by the British Quality Assurance Agency (QAA) upheld allegations of wrongdoing by Kingston staff members in connection with the pressurizing of an External Examiner, the veracity and authenticity of the evidence was clearly and irrefutably established. Yet, despite the publication of this compelling government-sponsored report, the University and Prof Scott failed to issue a public apology and retraction of its allegedly defamatory statements concerning Dr Fredrics' evidence.
Instead, both the University and Prof Scott have, thus far, maintained complete public silence, and have instead indicated (through their solicitors) that they intend to fully contest the Court action filed by Dr Fredrics.
Isn't it a shame that Prof Scott has chosen to reserve what must surely be a rather large sum of public money in order to defend this lawsuit instead of simply issuing a public apology to Dr Fredrics?
During a time of recession, when job cuts are being contemplated in the UK university sector, does it make you angry to know that YOUR taxes are being used to fund the defence of a lawsuit that would never have been filed, had the University and/or Prof Scott simply admitted that they were wrong to have denied the authenticity of Dr Fredrics' evidence?
Source: http://www.sirpeterscott.com
When a recent report by the British Quality Assurance Agency (QAA) upheld allegations of wrongdoing by Kingston staff members in connection with the pressurizing of an External Examiner, the veracity and authenticity of the evidence was clearly and irrefutably established. Yet, despite the publication of this compelling government-sponsored report, the University and Prof Scott failed to issue a public apology and retraction of its allegedly defamatory statements concerning Dr Fredrics' evidence.
Instead, both the University and Prof Scott have, thus far, maintained complete public silence, and have instead indicated (through their solicitors) that they intend to fully contest the Court action filed by Dr Fredrics.
Isn't it a shame that Prof Scott has chosen to reserve what must surely be a rather large sum of public money in order to defend this lawsuit instead of simply issuing a public apology to Dr Fredrics?
During a time of recession, when job cuts are being contemplated in the UK university sector, does it make you angry to know that YOUR taxes are being used to fund the defence of a lawsuit that would never have been filed, had the University and/or Prof Scott simply admitted that they were wrong to have denied the authenticity of Dr Fredrics' evidence?
Source: http://www.sirpeterscott.com
April 17, 2009
A principled outcome...
We wanted a principled outcome, said the VC who signed the employment termination of one of his bullied staff members.
There are different perceptions of what happened, said the VC to justify how the educational institution ganged-up against the victim in an attempt to cover-up its own massive failures.
It was a principled outcome to fabricate allegations against the victim, including an allegation of sexual harassment against a female staff member who had departed three years before the incident was supposed to have happened.
Of course there are different perceptions of what ought to happen when the senior manager who had an affair with a lady, covered-up for her when the latter was caught stealing sandwiches from the canteen. Different perceptions means double-standards.
It was principled for one of the senior members of the university to state that if he was asked to testify in court, he would deny everything.
Principled outcomes and different perceptions...
There are different perceptions of what happened, said the VC to justify how the educational institution ganged-up against the victim in an attempt to cover-up its own massive failures.
It was a principled outcome to fabricate allegations against the victim, including an allegation of sexual harassment against a female staff member who had departed three years before the incident was supposed to have happened.
Of course there are different perceptions of what ought to happen when the senior manager who had an affair with a lady, covered-up for her when the latter was caught stealing sandwiches from the canteen. Different perceptions means double-standards.
It was principled for one of the senior members of the university to state that if he was asked to testify in court, he would deny everything.
Principled outcomes and different perceptions...
Quotes on bullying, bullies and mobbing
"Most organisations have a serial bully. It never ceases to amaze me how one person's divisive dysfunctional behaviour can permeate the entire organisation like a cancer."
"One would not expect a victim of rape to have to single-handedly identify, trace, catch, arrest, prosecute, convict and punish the person who raped her. Targets of bullying often find themselves doing all of these whilst those in positions of authority persistently abdicate and deny responsibility."
"The serial bully, who in my estimation accounts for about one person in thirty in society, is the single most important threat to the effectiveness of organisations, the profitability of industry, the performance of the economy, and the prosperity of society."
"Bullying consists of the least competent most aggressive employee projecting their incompetence on to the least aggressive most competent employee and winning."
"Nothing can prepare you for living or working with a sociopathic serial bully. It is the most devastating, draining, misunderstood, and ultimately futile experience imaginable."
"The best indicator of a sociopathic serial bully is not a clinical diagnosis but the trail of devastation and destruction of lives and livelihoods surrounding this individual throughout their life."
"I just want the bullying to stop. That is all I ever wanted. I used to love going to school. Now I hate it."
"Being bullied by a serial bully is equivalent to being stalked or being battered by a partner or being abused as a child and should be accorded the same gravity."
"The British education system is designed by and for physically strong, sports-oriented, academically-able, right-handed, heterosexual Caucasian males, supplemented recently by university-headed, academically-compliant, league-table-enhancing females. The only reason kids still get a good education is because of the many fine teachers who are unwilling to be subjugated by a procedurally-bound, Ofsted-straitjacketed, standards-limited, ticksheet-mentality education conveyor belt. Before they're half way through their career, this dedication results in the best teachers being stressed out, burnt out, or bullied out - often all three."
"Three points to remember if you're considering legal action:
1. The legal system has more in common with The National Lottery than a system of justice.
2. The legal system has more in common with The National Theatre than a system of justice.
3. In some countries, the legal system has more in common with The National Guard than a system of justice."
"Many children leave school with a hatred of an education system which breeds and sustains bullying and which isolates, ridicules, and excludes those who are in any way "different". The government's obsession with "standards" is a form of political institutionalised bullying which makes teachers as likely as their pupils to be bullied. Academic exam results devalue achievement and are one of the poorest indicators of potential [ More | More] rather than inspire individual achievement are more likely to sentence individuals to a life of middle-class mediocrity."
"Until there's a public commitment, and action to back that commitment, a policy is only words on paper."
"Recently there's been a trend to apply the term "bullying" to any kind of conflict at work, for example overwork and long hours. Although some bullying behaviours may be present in these issues, in my view this dilutes and devalues the term "workplace bullying" which should be used only for the more serious cases of conflict involving a serial bully. If there isn't a serial bully involved, it's probably not bullying you're dealing with."
"When bullying results in suicide (bullycide), the coroner usually records an open verdict. Unlike a physical injury or physical cause of death, a psychiatric injury cannot be studied and recorded after death. All the coroner has is (sometimes) the suicide letter and (always) the denial of everyone who contributed to the bullycide: the bullies, the witnesses of bullying, and those in authority who should have acted but didn’t. Invariably greater weight is attached to these denials than to the written and reported testimony of the deceased who has been tormented to death and to the deceased’s family who have lived through (and continue to live) the nightmare. An open verdict, which may be legally correct, is not going to relieve the suffering of the family or enable the perpetrators to be held accountable for their sins of commission and omission."
"The challenge of being a manager is to get the best out of everybody, not just the few who are clones of yourself."
"It is the lack of knowledge of, or the unwillingness to recognise, or the deliberate denial of the existence of the serial bully which is the most common reason for an unsatisfactory outcome for both employee and employer."
"Only the best are bullied."
"The vehemence with which a person denies the existence of the serial bully is directly proportional to the congruence of the person's behaviour with that of the serial bully."
"Bullies thrive wherever authority is weak."
"Why does the UK government ignore workplace bullying? Our system of democracy - government and law - is based on the adversarial model. To be successful in these fields, bullying behaviour is almost a prerequisite."
"The vehemence with which anyone opposes the Dignity at Work Bill is likely to be proportional to the extent to which that person's behaviour is congruent with the profile of the serial bully."
"Each Act of Parliament intended to address harassment and discrimination has faced objections on the basis of 'you'll never be able to prove...' and 'there's too much legislation already...' In no case has this line of reasoning ever been sustained."
"Today’s workplace has become heartless and soulless. Employees are seen as units of labour, automatons, functionaries, objects for achieving designated tasks, and as costs to be minimised."
"Whilst accidents and assaults injure and kill people quickly and spectacularly, bullying and consequent prolonged negative stress injure and kill people slowly and secretively. The outcome, though, is the same."
"Any anti-bullying scheme, initiative or policy which fails to mention accountability for the bullies is likely to meet with little, and often no, success"
"There is a light at the end of the tunnel but first you'll have to find the light switch and change the bulb before switching it on yourself. No problem, as targets of bullying are picked on for their competence and abilities."
"Good management and bullying have as much in common as great sex and rape."
From: http://allrelativelaw.blogspot.com
"One would not expect a victim of rape to have to single-handedly identify, trace, catch, arrest, prosecute, convict and punish the person who raped her. Targets of bullying often find themselves doing all of these whilst those in positions of authority persistently abdicate and deny responsibility."
"The serial bully, who in my estimation accounts for about one person in thirty in society, is the single most important threat to the effectiveness of organisations, the profitability of industry, the performance of the economy, and the prosperity of society."
"Bullying consists of the least competent most aggressive employee projecting their incompetence on to the least aggressive most competent employee and winning."
"Nothing can prepare you for living or working with a sociopathic serial bully. It is the most devastating, draining, misunderstood, and ultimately futile experience imaginable."
"The best indicator of a sociopathic serial bully is not a clinical diagnosis but the trail of devastation and destruction of lives and livelihoods surrounding this individual throughout their life."
"I just want the bullying to stop. That is all I ever wanted. I used to love going to school. Now I hate it."
"Being bullied by a serial bully is equivalent to being stalked or being battered by a partner or being abused as a child and should be accorded the same gravity."
"The British education system is designed by and for physically strong, sports-oriented, academically-able, right-handed, heterosexual Caucasian males, supplemented recently by university-headed, academically-compliant, league-table-enhancing females. The only reason kids still get a good education is because of the many fine teachers who are unwilling to be subjugated by a procedurally-bound, Ofsted-straitjacketed, standards-limited, ticksheet-mentality education conveyor belt. Before they're half way through their career, this dedication results in the best teachers being stressed out, burnt out, or bullied out - often all three."
"Three points to remember if you're considering legal action:
1. The legal system has more in common with The National Lottery than a system of justice.
2. The legal system has more in common with The National Theatre than a system of justice.
3. In some countries, the legal system has more in common with The National Guard than a system of justice."
"Many children leave school with a hatred of an education system which breeds and sustains bullying and which isolates, ridicules, and excludes those who are in any way "different". The government's obsession with "standards" is a form of political institutionalised bullying which makes teachers as likely as their pupils to be bullied. Academic exam results devalue achievement and are one of the poorest indicators of potential [ More | More] rather than inspire individual achievement are more likely to sentence individuals to a life of middle-class mediocrity."
"Until there's a public commitment, and action to back that commitment, a policy is only words on paper."
"Recently there's been a trend to apply the term "bullying" to any kind of conflict at work, for example overwork and long hours. Although some bullying behaviours may be present in these issues, in my view this dilutes and devalues the term "workplace bullying" which should be used only for the more serious cases of conflict involving a serial bully. If there isn't a serial bully involved, it's probably not bullying you're dealing with."
"When bullying results in suicide (bullycide), the coroner usually records an open verdict. Unlike a physical injury or physical cause of death, a psychiatric injury cannot be studied and recorded after death. All the coroner has is (sometimes) the suicide letter and (always) the denial of everyone who contributed to the bullycide: the bullies, the witnesses of bullying, and those in authority who should have acted but didn’t. Invariably greater weight is attached to these denials than to the written and reported testimony of the deceased who has been tormented to death and to the deceased’s family who have lived through (and continue to live) the nightmare. An open verdict, which may be legally correct, is not going to relieve the suffering of the family or enable the perpetrators to be held accountable for their sins of commission and omission."
"The challenge of being a manager is to get the best out of everybody, not just the few who are clones of yourself."
"It is the lack of knowledge of, or the unwillingness to recognise, or the deliberate denial of the existence of the serial bully which is the most common reason for an unsatisfactory outcome for both employee and employer."
"Only the best are bullied."
"The vehemence with which a person denies the existence of the serial bully is directly proportional to the congruence of the person's behaviour with that of the serial bully."
"Bullies thrive wherever authority is weak."
"Why does the UK government ignore workplace bullying? Our system of democracy - government and law - is based on the adversarial model. To be successful in these fields, bullying behaviour is almost a prerequisite."
"The vehemence with which anyone opposes the Dignity at Work Bill is likely to be proportional to the extent to which that person's behaviour is congruent with the profile of the serial bully."
"Each Act of Parliament intended to address harassment and discrimination has faced objections on the basis of 'you'll never be able to prove...' and 'there's too much legislation already...' In no case has this line of reasoning ever been sustained."
"Today’s workplace has become heartless and soulless. Employees are seen as units of labour, automatons, functionaries, objects for achieving designated tasks, and as costs to be minimised."
"Whilst accidents and assaults injure and kill people quickly and spectacularly, bullying and consequent prolonged negative stress injure and kill people slowly and secretively. The outcome, though, is the same."
"Any anti-bullying scheme, initiative or policy which fails to mention accountability for the bullies is likely to meet with little, and often no, success"
"There is a light at the end of the tunnel but first you'll have to find the light switch and change the bulb before switching it on yourself. No problem, as targets of bullying are picked on for their competence and abilities."
"Good management and bullying have as much in common as great sex and rape."
From: http://allrelativelaw.blogspot.com
Resistance to cuts at Salford University
Lecturers and students at Salford University are fighting plans by management to push through 150 job cuts.
It hopes to save £13 million over three years and says money is needed to pay for new buildings.
Yet it has emerged that the university has spent a massive £66,600 on refitting facilities and offices for senior staff.
Workers and students have set up a campaign against the cuts, called Salford University Defend Education (SUDE). Contact SU-defend-education@yahoogroups.com for more information.
Meanwhile there is a growing campaign to reverse the suspension of a lecturer at the university’s business school.
The university brought in new disciplinary procedures last November, which allow senior managers to order suspensions.
Previously, only the vice-chancellor was able to suspend academics.
From: http://www.socialistworker.co.uk
April 14, 2009
Loyalty to the corrupt corporation...
The new paradigm of university administration, with its emphasis on flexibility and avoidance of committees, carries with it an increased risk of corruption and malpractice that the earlier paradigms strove so hard to eliminate. It is interesting to note that the University of Sydney, Australia’s oldest and possibly most prestigious, has felt impelled to institute a code of conduct and an anti-corruption strategy in what the Vice-Chancellor described as an attempt to ‘foster an atmosphere of honesty and fairness.’
...One aspect of corporatisation of deep concern to many is the loss from universities of the role of critic of society, a role which is compromised when universities become subordinated to market forces as a result of the reduction or elimination of tenure, casualisation, the market-orientation of research and teaching priorities...
From: William W. Bostock, AntePodium - An Antipodean electronic journal of world affairs published by The School of Political Science and International Relations at Victoria University of Wellington
-----------------------
The above provides some context within which executive academic decisions related to disciplinary issues of academics, as well as management bullying occurs. Academics are not treated as the citizens described by Chomsky, but rather as 'employees'... One's loyalty is not to academic independence and scholarly debate, but rather to the corporation...
Anonymous
Bully for who?
On a Friday afternoon last November, a general manager at a city council was marched from his office and suspended for "serious and wilful" misconduct. He had no idea what he had done, or to whom.
After a weekend of heart palpitations, a letter from his boss arrived on Monday, outlining bullying allegations from three of his 10 team members. One of the complaints was that he had tapped his watch to indicate a report was late; another was that he had not taken a subordinate's advice.
"I was devastated and in shock," says the 55-year-old, who was sacked a week before Christmas because of the alleged bullying.
"That first weekend was the worst - I was suicidal. It's the first time in my career that anything like this has happened to me."
He is one of 24 people who have talked to Adelaide psychologist Moira Jenkins for her study "Sticks And Stones Will Break My Bones But Names...", in which she interviews those accused of workplace bullying. (Read a previous Mysmallbusiness story on Dr Jenkins' initial study here.)
Until now, research has focused on the victim's perspective, but Jenkins was keen to hear from the alleged bullies - all of them managers at middle to senior levels - as part of her PhD at the University of Adelaide on workplace conflict management.
What led to the complaint, how was it dealt with by the organisation and how did the accused feel? "Bullying is not a black-and-white issue," says Jenkins. "Some of the people I interviewed had experienced unfairness in the way the allegations were investigated; some were bullies and had got away with it lightly.
Most were crushed by what happened." Jenkins found the alleged bullies were just as affected by the experience as people she had interviewed for an earlier study on victims of workplace bullying; two of the accused were suicidal and one had post-traumatic stress disorder. "Being labelled a bully can have long-term consequences," she says.
The thread that linked all 24 stories was workplace conflict. "Bullying allegations do not come out of the blue," says Jenkins. "People say they do, but when you talk to them there's already been conflict."
In the general manager's case, conflict started after he joined the council and had discussions with two of his managers about their unsatisfactory performance. He had a mandate from the CEO to improve productivity and financial management - but that CEO resigned a few weeks after he arrived.
Within days, the two managers filed written complaints of bullying and harassment. A couple of months later, another manager added his voice to the accusations, leading to the general manager's suspension and then dismissal.
"They wrapped it all up in the suspension letter," he says. "No one came to talk to me first."
The general manager believes he is the victim of what is known as "upwards bullying", when workers undermine a manager. "I had called them on aspects of unsatisfactory performance, so I was branded different or difficult. And I was. That's why the previous CEO recruited me."
In her study, Jenkins found performance or behavioural issues with subordinates were often the precursor to a bullying complaint against managers.
For example, a public service manager told Jenkins how two occupational health and safety staff, whom she had questioned about their apparent slackness, went on sick leave, did not attend performance management meetings and then filed workers' compensation claims for stress caused by bullying.
Jenkins' observations are backed by employment lawyer Peter Vitale, principal of CCI Victoria Legal, who says: "Claims of bullying and harassment in the course of disciplinary procedures are almost the rule rather than the exception these days."
Are workers too quick to cry "bully"? Jenkins words her answer carefully.
"Bullying, when it does occur, is a serious problem. But some workers might be too quick to frame conflict as bullying. Human resources takes more notice when the word 'bullying' is used." She defines bullying as repeated, targeted behaviour towards somebody that is likely to humiliate them and undermine their confidence.
European research published in 2003 suggests that 10 to 20 per cent of workers will label work conflicts or negative performance reviews as bullying, when they are not.
Adding to the issue is the lack of conflict resolution guidelines in many workplaces. Sure, nearly all major companies have a policy on investigating complaints, mindful of their obligations under state occupational health and safety legislation.
But initial conflicts are often left to fester until, Jenkins says, there is an explosion - a formal internal bullying complaint, union intervention or even a workers' compensation claim for stress, depression or anxiety.
Many of those accused of bullying told Jenkins they would have liked to meet the complainant and talk it through, but the complainant refused.
Half the complainants chose not to use their organisation's bullying complaint process and others refused mediation to resolve the conflict, despite compulsory mediation being a feature of most tribunals and courts nowadays.
The result, says Jenkins, was those she interviewed felt disempowered and unfairly treated. Adding to their distress was, in some cases, a perceived lack of support from their boss.
Jenkins says managers are sometimes reluctant to ask for help in the early stages of conflict with a subordinate, as they think they should be able to cope and that to complain may be a career-defeating
move.
Once a complaint is filed, some bosses withdraw support because they don't want to be seen as biased. Increasingly, managers who are accused of workplace bullying are hitting back through the courts.
Last July, for example, the Supreme Court of NSW found that Sydney West Area Health Service had breached Dr Lynette Downe's employment contract by continuing to suspend her after its investigation dismissed allegations of bullying against her.
The former council general manager is discussing options with his lawyer, including suing for breach of contract. After four months, he is still unemployed and has discovered other managers at the council have suffered a similar fate.
"I'm keen to get justice and I want some accountability," he says. "I used to feel secure and stable. Now I feel shattered."
If you have been accused of workplace bullying and would like to take part in Moira Jenkins' research, go to aboto.com.au or email moira.jenkins@adelaide.edu.au
From: http://smallbusiness.smh.com.au
After a weekend of heart palpitations, a letter from his boss arrived on Monday, outlining bullying allegations from three of his 10 team members. One of the complaints was that he had tapped his watch to indicate a report was late; another was that he had not taken a subordinate's advice.
"I was devastated and in shock," says the 55-year-old, who was sacked a week before Christmas because of the alleged bullying.
"That first weekend was the worst - I was suicidal. It's the first time in my career that anything like this has happened to me."
He is one of 24 people who have talked to Adelaide psychologist Moira Jenkins for her study "Sticks And Stones Will Break My Bones But Names...", in which she interviews those accused of workplace bullying. (Read a previous Mysmallbusiness story on Dr Jenkins' initial study here.)
Until now, research has focused on the victim's perspective, but Jenkins was keen to hear from the alleged bullies - all of them managers at middle to senior levels - as part of her PhD at the University of Adelaide on workplace conflict management.
What led to the complaint, how was it dealt with by the organisation and how did the accused feel? "Bullying is not a black-and-white issue," says Jenkins. "Some of the people I interviewed had experienced unfairness in the way the allegations were investigated; some were bullies and had got away with it lightly.
Most were crushed by what happened." Jenkins found the alleged bullies were just as affected by the experience as people she had interviewed for an earlier study on victims of workplace bullying; two of the accused were suicidal and one had post-traumatic stress disorder. "Being labelled a bully can have long-term consequences," she says.
The thread that linked all 24 stories was workplace conflict. "Bullying allegations do not come out of the blue," says Jenkins. "People say they do, but when you talk to them there's already been conflict."
In the general manager's case, conflict started after he joined the council and had discussions with two of his managers about their unsatisfactory performance. He had a mandate from the CEO to improve productivity and financial management - but that CEO resigned a few weeks after he arrived.
Within days, the two managers filed written complaints of bullying and harassment. A couple of months later, another manager added his voice to the accusations, leading to the general manager's suspension and then dismissal.
"They wrapped it all up in the suspension letter," he says. "No one came to talk to me first."
The general manager believes he is the victim of what is known as "upwards bullying", when workers undermine a manager. "I had called them on aspects of unsatisfactory performance, so I was branded different or difficult. And I was. That's why the previous CEO recruited me."
In her study, Jenkins found performance or behavioural issues with subordinates were often the precursor to a bullying complaint against managers.
For example, a public service manager told Jenkins how two occupational health and safety staff, whom she had questioned about their apparent slackness, went on sick leave, did not attend performance management meetings and then filed workers' compensation claims for stress caused by bullying.
Jenkins' observations are backed by employment lawyer Peter Vitale, principal of CCI Victoria Legal, who says: "Claims of bullying and harassment in the course of disciplinary procedures are almost the rule rather than the exception these days."
Are workers too quick to cry "bully"? Jenkins words her answer carefully.
"Bullying, when it does occur, is a serious problem. But some workers might be too quick to frame conflict as bullying. Human resources takes more notice when the word 'bullying' is used." She defines bullying as repeated, targeted behaviour towards somebody that is likely to humiliate them and undermine their confidence.
European research published in 2003 suggests that 10 to 20 per cent of workers will label work conflicts or negative performance reviews as bullying, when they are not.
Adding to the issue is the lack of conflict resolution guidelines in many workplaces. Sure, nearly all major companies have a policy on investigating complaints, mindful of their obligations under state occupational health and safety legislation.
But initial conflicts are often left to fester until, Jenkins says, there is an explosion - a formal internal bullying complaint, union intervention or even a workers' compensation claim for stress, depression or anxiety.
Many of those accused of bullying told Jenkins they would have liked to meet the complainant and talk it through, but the complainant refused.
Half the complainants chose not to use their organisation's bullying complaint process and others refused mediation to resolve the conflict, despite compulsory mediation being a feature of most tribunals and courts nowadays.
The result, says Jenkins, was those she interviewed felt disempowered and unfairly treated. Adding to their distress was, in some cases, a perceived lack of support from their boss.
Jenkins says managers are sometimes reluctant to ask for help in the early stages of conflict with a subordinate, as they think they should be able to cope and that to complain may be a career-defeating
move.
Once a complaint is filed, some bosses withdraw support because they don't want to be seen as biased. Increasingly, managers who are accused of workplace bullying are hitting back through the courts.
Last July, for example, the Supreme Court of NSW found that Sydney West Area Health Service had breached Dr Lynette Downe's employment contract by continuing to suspend her after its investigation dismissed allegations of bullying against her.
The former council general manager is discussing options with his lawyer, including suing for breach of contract. After four months, he is still unemployed and has discovered other managers at the council have suffered a similar fate.
"I'm keen to get justice and I want some accountability," he says. "I used to feel secure and stable. Now I feel shattered."
If you have been accused of workplace bullying and would like to take part in Moira Jenkins' research, go to aboto.com.au or email moira.jenkins@adelaide.edu.au
From: http://smallbusiness.smh.com.au
The price may be too great...
I am a Human Resources Director in an organization, and I have been bullied for nine years by a coworker. I just finally filed a claim, but I am physically, mentally and emotionally devastated by the effects of this subversive, subtle character assassination. I want to continue to work here, but the price may be too great.
Anonymous
Anonymous
April 13, 2009
Two active criminal justice theories
There are two active criminal justice theories in use in the USA .
The due process model focuses on rights of the accused. The Crime Control Model focuses on protection of the innocent.
When the bully “punishes” his target, he is using the second model. The “crime” that the victim commits is not submitting completely to the bully’s every whim and delusion.
Yet the bully is not protecting the innocent; he/she is protecting their own self interest.
In a country that honors freedom, the bully ignores the principles most of us follow and uses intimidation to achieve his/her selfish goals.
We only need the government to enforce the law and prohibit bullies from destroying innocent people.
Anonymous
The due process model focuses on rights of the accused. The Crime Control Model focuses on protection of the innocent.
When the bully “punishes” his target, he is using the second model. The “crime” that the victim commits is not submitting completely to the bully’s every whim and delusion.
Yet the bully is not protecting the innocent; he/she is protecting their own self interest.
In a country that honors freedom, the bully ignores the principles most of us follow and uses intimidation to achieve his/her selfish goals.
We only need the government to enforce the law and prohibit bullies from destroying innocent people.
Anonymous
April 11, 2009
Making the Star Chamber Work
1. The tribunal should extend its jurisdiction or catchment area however broadly is required to take up the complaint against DR. PITA—whether the incident occurred on campus or off, in his professorial role or outside it.
2. Ideally, DR. PITA should be found guilty of something before he finds out what it is. The Harassment Officer may assist one or more complainants in drawing up a plausible preliminary indictment for subsequent approval by the tribunal as a whole.
3. To enlist DR. PITA’s cooperation in his own undoing, confound the roles of counsellor, prosecutor, and judge. In conversations with an official he believes is being friendly, he may make incriminating statements that can later be held against him.
4. Make sure the victim-accuser is on side. More than one case has been lost, even with many ardent complainants, because the alleged victim did not herself find DR. PITA’s behaviour objectionable.
5. Reward accusers. For lowly undergraduates, the attentions of important university officials may be reward enough. Financial compensation or revision of grades, on account of injuries sustained, may also be considered.
6. Avoid falsifiable statements in the indictment. Vagueness and innuendo are far more effective than charges that lend themselves to being disproven.
7. Once the decision is made to proceed to a formal hearing, move as quickly as possible, showing a sense of great urgency. A hearing that cannot be arranged promptly may not be able to be arranged at all.
8. Ignore DR. PITA’s lawyer, if he has one, and forbid the lawyer’s presence at the hearing. Explain that domestic tribunals of a university proceed by norms of collegiality, and that legalistic, adversarial measures are out of place.
9. If the faculty association or other bodies attempt to intervene on DR. PITA’s behalf, accuse them of trying to exert undue influence. Insist that the tribunal will not bend to the political pressure being applied.
10. Ignore claims that the tribunal is biased against him. Respond as one chair did: “I am satisfied that this committee member has no apprehension of bias.”
11. Disregard evidence in DR. PITA’s favour on substantive grounds. Describe it as irrelevant or not germane to the issues under consideration.
12. Disregard evidence in DR. PITA’s favour on procedural grounds. Say it was submitted at the wrong time, to the wrong official, or in the wrong format.
13. If there is evidence that DR. PITA has discussed the case outside the tribunal (he may admit, for instance, having talked about it with his wife, his dean, or some colleagues), charge him with breach of confidentiality.
14. If DR. PITA speaks his accusers’ names outside the tribunal, charge him with breach of confidentiality and with attempting to damage their reputations and cause them to suffer.
15. If DR. PITA (or his colleague-advisor, if the policy provides for one) objects to the tribunal’s procedures, remind him that this is not a court of law, that collegiality must be insisted upon, and that the tribunal will not entertain editorial comments.
16. Ignore the references to context that DR. PITA is almost sure to make. Explain that the tribunal’s only concern is with this particular incident, not with what may have happened before or after.
17. Find an excuse to make a confidential investigation that may yield additional complaints and is useful in any case for damaging DR. PITA’s reputation. Contact former students, for example, or advertise in the newspaper. In a case against a policeman pita, the tribunal set out to contact each of the 2,047 women he had had something to do with during his eight years on the force.
18. Try to provoke DR. PITA into losing his temper or doing something rash, then make appropriate additional charges. Like most professors, DR. PITA is so proud and vain that the hearing itself will insult and fluster him.
19. In the report at the end, find DR. PITA guilty of something, even if it is not what he was initially charged with. The important thing is to find against him. The precise nature of the finding is of secondary importance.
20. Write a long report, preferably at least ten pages single-spaced. Number sections and paragraphs. Include lots of footnotes. Be vague and repetitive. Include nothing that could be quoted out of context as being in DR. PITA’s favour.
21. Recommend multiple punishments: for example, requirements to make several different apologies, go for counselling, and attend a series of workshops, in addition to a financial penalty.
22. Do not let your animus against DR. PITA show, nor lead you to write things that are obviously untrue. Senior managers will not take kindly to a report so extreme they are obliged to reject it, and may deny you the rewards you will otherwise receive for your service to the university.
23. The report should include innuendo so damaging to DR. PITA that he will not himself release it publicly, however strong his objections. Suggestions of sexual predation or mental unbalance serve well.
24. Do not release the report publicly, lest the tribunal be revealed as a kanagaroo court. After my first ethics hearing, the provost put the report on the Internet. I understand from him that he now regrets that decision.
25. For the same reason, never release audio-tapes of the proceeding, much less a transcript. If this cannot be avoided (in connection with an appeal, for instance), DR. PITA may be allowed to listen to the tapes under administrative supervision, but under no circumstances should he be allowed to walk away with a copy.
A Sample Chapter from Kenneth Westhues, Eliminating Professors: a Guide to the Dismissal Process, Lewiston: NY: The Edwin Mellen Press, 1998.
2. Ideally, DR. PITA should be found guilty of something before he finds out what it is. The Harassment Officer may assist one or more complainants in drawing up a plausible preliminary indictment for subsequent approval by the tribunal as a whole.
3. To enlist DR. PITA’s cooperation in his own undoing, confound the roles of counsellor, prosecutor, and judge. In conversations with an official he believes is being friendly, he may make incriminating statements that can later be held against him.
4. Make sure the victim-accuser is on side. More than one case has been lost, even with many ardent complainants, because the alleged victim did not herself find DR. PITA’s behaviour objectionable.
5. Reward accusers. For lowly undergraduates, the attentions of important university officials may be reward enough. Financial compensation or revision of grades, on account of injuries sustained, may also be considered.
6. Avoid falsifiable statements in the indictment. Vagueness and innuendo are far more effective than charges that lend themselves to being disproven.
7. Once the decision is made to proceed to a formal hearing, move as quickly as possible, showing a sense of great urgency. A hearing that cannot be arranged promptly may not be able to be arranged at all.
8. Ignore DR. PITA’s lawyer, if he has one, and forbid the lawyer’s presence at the hearing. Explain that domestic tribunals of a university proceed by norms of collegiality, and that legalistic, adversarial measures are out of place.
9. If the faculty association or other bodies attempt to intervene on DR. PITA’s behalf, accuse them of trying to exert undue influence. Insist that the tribunal will not bend to the political pressure being applied.
10. Ignore claims that the tribunal is biased against him. Respond as one chair did: “I am satisfied that this committee member has no apprehension of bias.”
11. Disregard evidence in DR. PITA’s favour on substantive grounds. Describe it as irrelevant or not germane to the issues under consideration.
12. Disregard evidence in DR. PITA’s favour on procedural grounds. Say it was submitted at the wrong time, to the wrong official, or in the wrong format.
13. If there is evidence that DR. PITA has discussed the case outside the tribunal (he may admit, for instance, having talked about it with his wife, his dean, or some colleagues), charge him with breach of confidentiality.
14. If DR. PITA speaks his accusers’ names outside the tribunal, charge him with breach of confidentiality and with attempting to damage their reputations and cause them to suffer.
15. If DR. PITA (or his colleague-advisor, if the policy provides for one) objects to the tribunal’s procedures, remind him that this is not a court of law, that collegiality must be insisted upon, and that the tribunal will not entertain editorial comments.
16. Ignore the references to context that DR. PITA is almost sure to make. Explain that the tribunal’s only concern is with this particular incident, not with what may have happened before or after.
17. Find an excuse to make a confidential investigation that may yield additional complaints and is useful in any case for damaging DR. PITA’s reputation. Contact former students, for example, or advertise in the newspaper. In a case against a policeman pita, the tribunal set out to contact each of the 2,047 women he had had something to do with during his eight years on the force.
18. Try to provoke DR. PITA into losing his temper or doing something rash, then make appropriate additional charges. Like most professors, DR. PITA is so proud and vain that the hearing itself will insult and fluster him.
19. In the report at the end, find DR. PITA guilty of something, even if it is not what he was initially charged with. The important thing is to find against him. The precise nature of the finding is of secondary importance.
20. Write a long report, preferably at least ten pages single-spaced. Number sections and paragraphs. Include lots of footnotes. Be vague and repetitive. Include nothing that could be quoted out of context as being in DR. PITA’s favour.
21. Recommend multiple punishments: for example, requirements to make several different apologies, go for counselling, and attend a series of workshops, in addition to a financial penalty.
22. Do not let your animus against DR. PITA show, nor lead you to write things that are obviously untrue. Senior managers will not take kindly to a report so extreme they are obliged to reject it, and may deny you the rewards you will otherwise receive for your service to the university.
23. The report should include innuendo so damaging to DR. PITA that he will not himself release it publicly, however strong his objections. Suggestions of sexual predation or mental unbalance serve well.
24. Do not release the report publicly, lest the tribunal be revealed as a kanagaroo court. After my first ethics hearing, the provost put the report on the Internet. I understand from him that he now regrets that decision.
25. For the same reason, never release audio-tapes of the proceeding, much less a transcript. If this cannot be avoided (in connection with an appeal, for instance), DR. PITA may be allowed to listen to the tapes under administrative supervision, but under no circumstances should he be allowed to walk away with a copy.
A Sample Chapter from Kenneth Westhues, Eliminating Professors: a Guide to the Dismissal Process, Lewiston: NY: The Edwin Mellen Press, 1998.
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