October 12, 2011
October 11, 2011
University of Iowa Ombudsperson worried about disrespectful behavior on campus
Disrespectful behavior on campus and lack of experience with conflict management are among the continued, long-term concerns of the University of Iowa Office of the Ombudsperson, which hears from hundreds of faculty, staff and students annually.And while total visits to the UI Office of the Ombudsperson declined in 2010-11, the first decline in five years, Ombudsperson Cynthia Joyce said she is more concerned about the types of complaints the office sees and how those are changing or continuing over the years.
“We do not see higher numbers as bad news,” she said. “What we worry about are the reasons people come to see us, and are we seeing big changes there.”
Those specific patterns tell officials more about what’s happening on campus, Joyce said in presenting the 2010-11 Ombudsperson annual report to the UI Faculty Council Tuesday.
The office saw 501 total visits or contacts during 2010-11, a decrease of 3 percent from the year prior. Of those visitors, 45 percent were staff, 32 percent were students and 18 percent were faculty members. When comparing the number of visitors to the numbers in the campus population in each group shows that 4 percent of UI faculty, 1.7 percent of staff and less than 1 percent of students visited or consulted with the Office of the Ombudsperson last year.
“Faculty really are the heavier users of our office,” Joyce said. “Undergraduates are by far the hardest group to reach.”
Officials continue to have concerns about reports of disrespectful behavior on campus, avoidance of conflict and lack of experience in conflict management, problems with accurate performance evaluations, concern about mental health issues on campus and concern about vulnerable populations, Joyce said.
Of the 501 visits last year, 25 percent were concerns about disrespectful behavior, which includes bullying and workplace bullying. That’s an increase from 22 percent the prior year and 17 percent in 2008-09.
The largest area of concern and complaint for all visitor groups to the office stems from a supervisory relationship, such as with a boss or dean — or a faculty member, in the case of students.
The UI Office of the Ombudsperson is a resource for all UI faculty, staff and students with problems or concerns. The office staff provides informal conflict resolution services and advocate for fair treatment and processes.
From: http://thegazette.com
October 08, 2011
Repeatedly bullied...
I was repeatedly bullied by the Vice-President of Hisuping Institute of Technology when I was employed there. After the semester started in September 2002, I soon found that massive fraud was taking place in the form of excessive grade inflation for so-called students with whom there was an open tacit understanding that paying one’s tuition and merely attending classes, or at least sufficiently being present for the roll call, would mean eventually getting a degree.
Personally, I refused to undertake teaching work without honesty and integrity, and therefore failed students according to an accurate appraisal of their performances while they consistently refused to cooperate. The president at that time informed the English department faculty members that regardless of our frustration with the students unwillingness to do what they were supposed to do – study and show at least some nominal respect for classroom etiquette – we must not fail more than 15% of any class.
The Vice-President went further, demanding of me personally on several occasions that I do not fail more than 5% of a class, and impose grades on a bell curve, which he claimed was done at reputable universities, while not mentioning that would constitute fraud. When I said I would not be a party to such fraud, I was told that I would do as I’m told if I wanted “to keep working there.”
I refused to compromise my integrity after being repeatedly called to go to his office where the same demand was repeated and was continuously criticized for allegedly being unable to teach. I was accused of being at fault for the very high failure rates and was even threatened with my work permit being cancelled, which would mean that I would be fired and have to leave the country at short notice, if I didn’t agree to artificially inflate grades to such a high extent that they would be rendered totally meaningless while the so-called students did nothing to earn even passing grades. I was also repeatedly told to resign and publicly ridiculed in department meetings.
After I refused to comply after being repeatedly threatened and forced to listen to baseless false accusations, I was removed from all of the evening classes at short notice and told my contract would not be renewed for the following year, i.e. forced to resign.
“First they abuse you, and then they ridicule you, and then you win.” Mahatma Ghandi
----------
There had been a series of harassing measures taken against me by the present department chair of the AE department at Overseas Chinese University in Taichung, Taiwan.
In April 2010, I was told I must write a self-deprecating letter about how I “plan to improve myself" regardless of my other achievements, including publishing three books and receiving the national research grant for four years. Apparently, turning in teacher training documentation for the school year before he became department chair was more important, and for some reason he made it his business to harass me about this matter, and publicise it among colleagues.
On 19 April 2010, I was mobbed in the teacher training evaluation committee where I was told to speak in my defense before the colleagues there about how I need to “improve myself,” as if this were a campus prosecutor’s court, before being told to leave the room after making my statement. I was prosecuted, convicted, and sentenced to having to write another letter of self-criticism, and became a journal editor, and find this opportunity on my own, regardless of the fact that no one on this committee but me is a journal editor, and the only member of this committee who has published original research.
On 10 June 2010, the same department chair threatened me with my contract not being renewed if I did not turn in the teacher training documentation for that school year.
Beware of a department chair harassing you for an alleged shortcoming on your annual evaluation, and intending to humiliate you in public because of it and sharing this with your colleagues, and then using the same pretext to threatening you with dismissal solely on the grounds of an alleged minor shortcoming.
Andrew Szanajda
Personally, I refused to undertake teaching work without honesty and integrity, and therefore failed students according to an accurate appraisal of their performances while they consistently refused to cooperate. The president at that time informed the English department faculty members that regardless of our frustration with the students unwillingness to do what they were supposed to do – study and show at least some nominal respect for classroom etiquette – we must not fail more than 15% of any class.
The Vice-President went further, demanding of me personally on several occasions that I do not fail more than 5% of a class, and impose grades on a bell curve, which he claimed was done at reputable universities, while not mentioning that would constitute fraud. When I said I would not be a party to such fraud, I was told that I would do as I’m told if I wanted “to keep working there.”
I refused to compromise my integrity after being repeatedly called to go to his office where the same demand was repeated and was continuously criticized for allegedly being unable to teach. I was accused of being at fault for the very high failure rates and was even threatened with my work permit being cancelled, which would mean that I would be fired and have to leave the country at short notice, if I didn’t agree to artificially inflate grades to such a high extent that they would be rendered totally meaningless while the so-called students did nothing to earn even passing grades. I was also repeatedly told to resign and publicly ridiculed in department meetings.
After I refused to comply after being repeatedly threatened and forced to listen to baseless false accusations, I was removed from all of the evening classes at short notice and told my contract would not be renewed for the following year, i.e. forced to resign.
“First they abuse you, and then they ridicule you, and then you win.” Mahatma Ghandi
----------
There had been a series of harassing measures taken against me by the present department chair of the AE department at Overseas Chinese University in Taichung, Taiwan.
In April 2010, I was told I must write a self-deprecating letter about how I “plan to improve myself" regardless of my other achievements, including publishing three books and receiving the national research grant for four years. Apparently, turning in teacher training documentation for the school year before he became department chair was more important, and for some reason he made it his business to harass me about this matter, and publicise it among colleagues.
On 19 April 2010, I was mobbed in the teacher training evaluation committee where I was told to speak in my defense before the colleagues there about how I need to “improve myself,” as if this were a campus prosecutor’s court, before being told to leave the room after making my statement. I was prosecuted, convicted, and sentenced to having to write another letter of self-criticism, and became a journal editor, and find this opportunity on my own, regardless of the fact that no one on this committee but me is a journal editor, and the only member of this committee who has published original research.
On 10 June 2010, the same department chair threatened me with my contract not being renewed if I did not turn in the teacher training documentation for that school year.
Beware of a department chair harassing you for an alleged shortcoming on your annual evaluation, and intending to humiliate you in public because of it and sharing this with your colleagues, and then using the same pretext to threatening you with dismissal solely on the grounds of an alleged minor shortcoming.
Andrew Szanajda
October 01, 2011
8th International Conference on Workplace Bullying and Harassment
'Workplace Bullying and Harassment: Towards future Challenges'
The topics on the conference are:
Interventions
Health effects and rehabilitation
Risk factors
The phenomenon of bullying
Identifying and measuring bullying
Bullying and the law
Coping with bullying
Costs of bullying: Organizational and societal
Rehabilitation
Other
The conference will be held on June 13 - 15, 2012, at the University of Copenhagen, Faculty of Social Sciences, in Denmark.
More information: http://bullying2012.com/
The topics on the conference are:
Interventions
Health effects and rehabilitation
Risk factors
The phenomenon of bullying
Identifying and measuring bullying
Bullying and the law
Coping with bullying
Costs of bullying: Organizational and societal
Rehabilitation
Other
The conference will be held on June 13 - 15, 2012, at the University of Copenhagen, Faculty of Social Sciences, in Denmark.
More information: http://bullying2012.com/
September 22, 2011
Dr. Claudius D’Silva
As you know, we (UCU) protested in July against Manchester Metropolitan University (MMU) management’s decision to dismiss our branch colleague Dr. Claudius D’Silva for taking a race discrimination case to the employment tribunal. We recognised the dismissal as a serious blow to justice and fair treatment in our workplace. Dr D’Silva, who has a significant and extensive academic profile, was a Senior Lecturer in Chemistry and Environmental Science at MMU from 1993 onward.
We called on the Board of Governors to demonstrate MMU’s commitment to fair employment practices and to reinstate Dr D’Silva to his previous position without loss of standing or earnings.
We also urged the Board of Governors in July to ensure that the university’s disciplinary procedure was not used to undermine the provisions of the Race Relations Act. We urged them to move to restore the good name of MMU in the field of race equality. We also urged the Board to investigate bullying and the use of ‘gross misconduct’ charges against employees at MMU.
We are deeply saddened to report that a panel of the Board of Governors confirmed the dismissal, stating that all was in order.
The university’s final decision poses a threat to all employees at MMU who exercise their employment rights and in particular those who choose to complain about race discrimination.
Judicial Review
We can report that Dr D’Silva is seeking a judicial review of MMU’s actions and that legal papers have now been served on the university. A judicial review provides a legal avenue to challenge violation of one’s rights by a public body.
The Administrative Courts have issued Dr D’Silva’s claim and the university is required to file acknowledgement of service of the notice and provide their summary grounds of defence with the Court by the end of the month. We hope and trust that the Court will grant Dr D’Silva permission to bring judicial proceedings.
Solidarity
Thank you to all those supporters who sent emails of concern and protest to the Board in July. It appears that those emails did not actually reach members of the Board (and this is a concern for the branch in terms of communication with the Board). Thank you to those supporters who protested outside the Board of Governors’ meeting. Thank you to those people who signed the online petition at http://www.ipetitions.com/petition/dsilva/ calling for fair treatment and reinstatement of Dr D’Silva.
One moving statement on that online petition came from one of Dr D’Silva’s colleagues, Dr Gordon Nicholas, who also stood in protest outside the Board meeting on his final day at MMU before retirement. Dr Nicholas said: Claudius has been a valued Chemistry colleague of mine for many years. The decision to air-brush Claudius out of the RAE several years ago was vindictive, astonishing and short-sighted given his ability and reputation as a researcher. I understand that about one million pounds has been spent by the University in their legal battle with Claudius. I consider this to be a shocking misuse of precious financial resources – the result of gross incompetence by a management more interested in the closing of ranks than supporting an aggrieved member of staff. Effective handling of this affair could not only have saved a lot of money but also avoided the devastating impact that this case has had on the life of my colleague.
Professor Phil Scraton, criminologist of Queen’s University Belfast, wrote: It is a fundamental principle that those who believe that they have grounds to bring a case against an institution can do so without fear of reprisal. The Tribunal should be the place of decision and both sides, in agreeing to the process, should abide by its decision. If, as it appears, the institution punishes the complainant for taking the complaint it amounts to a gross infringement on their right to take a case. It also sends a severe message to others who might have a discrimination case. All efforts should be made to resolve this case and the institution should take the initiative and reinstate Dr D'Silva and allow external due process to decide on the case.
We continue to support Claudius – his career, health and livelihood should never have been so meanly attacked. We honour his determination and fortitude and we hope that he wins justice soon.
You can send a message of support to Claudius at c.dsilva@ymail.com
Walter Cairns, UCU Branch Chair, Manchester Metropolitan University
We called on the Board of Governors to demonstrate MMU’s commitment to fair employment practices and to reinstate Dr D’Silva to his previous position without loss of standing or earnings.
We also urged the Board of Governors in July to ensure that the university’s disciplinary procedure was not used to undermine the provisions of the Race Relations Act. We urged them to move to restore the good name of MMU in the field of race equality. We also urged the Board to investigate bullying and the use of ‘gross misconduct’ charges against employees at MMU.
We are deeply saddened to report that a panel of the Board of Governors confirmed the dismissal, stating that all was in order.
The university’s final decision poses a threat to all employees at MMU who exercise their employment rights and in particular those who choose to complain about race discrimination.
Judicial Review
We can report that Dr D’Silva is seeking a judicial review of MMU’s actions and that legal papers have now been served on the university. A judicial review provides a legal avenue to challenge violation of one’s rights by a public body.
The Administrative Courts have issued Dr D’Silva’s claim and the university is required to file acknowledgement of service of the notice and provide their summary grounds of defence with the Court by the end of the month. We hope and trust that the Court will grant Dr D’Silva permission to bring judicial proceedings.
Solidarity
Thank you to all those supporters who sent emails of concern and protest to the Board in July. It appears that those emails did not actually reach members of the Board (and this is a concern for the branch in terms of communication with the Board). Thank you to those supporters who protested outside the Board of Governors’ meeting. Thank you to those people who signed the online petition at http://www.ipetitions.com/petition/dsilva/ calling for fair treatment and reinstatement of Dr D’Silva.
One moving statement on that online petition came from one of Dr D’Silva’s colleagues, Dr Gordon Nicholas, who also stood in protest outside the Board meeting on his final day at MMU before retirement. Dr Nicholas said: Claudius has been a valued Chemistry colleague of mine for many years. The decision to air-brush Claudius out of the RAE several years ago was vindictive, astonishing and short-sighted given his ability and reputation as a researcher. I understand that about one million pounds has been spent by the University in their legal battle with Claudius. I consider this to be a shocking misuse of precious financial resources – the result of gross incompetence by a management more interested in the closing of ranks than supporting an aggrieved member of staff. Effective handling of this affair could not only have saved a lot of money but also avoided the devastating impact that this case has had on the life of my colleague.
Professor Phil Scraton, criminologist of Queen’s University Belfast, wrote: It is a fundamental principle that those who believe that they have grounds to bring a case against an institution can do so without fear of reprisal. The Tribunal should be the place of decision and both sides, in agreeing to the process, should abide by its decision. If, as it appears, the institution punishes the complainant for taking the complaint it amounts to a gross infringement on their right to take a case. It also sends a severe message to others who might have a discrimination case. All efforts should be made to resolve this case and the institution should take the initiative and reinstate Dr D'Silva and allow external due process to decide on the case.
We continue to support Claudius – his career, health and livelihood should never have been so meanly attacked. We honour his determination and fortitude and we hope that he wins justice soon.
You can send a message of support to Claudius at c.dsilva@ymail.com
Walter Cairns, UCU Branch Chair, Manchester Metropolitan University
September 20, 2011
September 17, 2011
Nothing has changed at Canberra Institute of Technology
Juliana Knight couldn't sleep, she cried constantly and was afraid to leave the house. For her, life was anxious and frightening, the simple task of driving a car too onerous to consider. But then one day the terrified creature started to fight back and demanded justice.
Knight and her former Canberra Institute of Technology colleague Patrick Reubinson have decided to speak out on behalf of a group of former and current CIT staff who say there is a culture of bullying and harassment at the institute.
They have finally gone public following successful Comcare claims for psychological damage and because they say they have nothing left to fear. (The pair were two of four successful Comcare claims for psychological damage.) Meanwhile, WorkSafe ACT is still investigating seven complaints against CIT after the watchdog issued improvement notices on three separate work areas at the institute earlier this year.
The complaints, legal bills and pay-outs may be stacking up, but the CIT's chief executive, Adrian Marron, says ''he was not, and is not'' aware of any culture of bullying and harassment at the institute - although he was made aware of the allegations which are being investigated by WorkSafe.
''Nobody has made a formal complaint to us and we don't have any formal complaints on record,'' Marron says. ''It's inevitable from time to time that there will be incidents and personal issues and they may seem to some people to be one thing and to someone else another. I don't see bullying and harassment as the fabric of CIT.''
But bullying and harassment in the workplace comes at a high cost - a 2010 Productivity Commission report found that 2.5million Australians experienced some aspect of bullying during their working lives. The report found that bullying and harassment in the workplace costs the economy about $15 billion a year, and the issues are not properly addressed in occupational health and safety laws.
The multi-billion dollar bullying black hole did not include the hidden costs, such as hiring and training employees to replace those who left because of workplace stress. The report also found that workplace stress claims tended to be more costly than claims for less serious physical injuries and resulted in more time taken off work. And time is running out for government departments to stamp out bullying, harassment and workplace stress.
From next year successful claims such as Reubinson's or Knight's could open government to multi-million dollar lawsuits and this has prompted the head of WorkSafe ACT, Mark McCabe, to put all government departments on notice.
Under current Health and Safety regulations ACT Government departments and Commonwealth public service departments cannot be prosecuted for breaches of occupational health and safety legislation.
''That's about to change at the end of the year [because] harmonisation protection for the public service will disappear and they will become prosecutable just like any private company,'' McCabe says. ''It should send a warning bell to other departments; what I've been trying to say to departments is you will become prosecutable from the end of this year - you need to make sure your house is in order.''
Patrick Reubinson speaks with a thick Gloucestershire burr, but his voice breaks and tears well in his eyes when he talks quietly about his love of teaching and imparting skills. He gesticulates and his hands are well-used. Not as rough as his father's, he quickly explains. It was Reubinson's blue-collar upbringing that made it hard for him to accept he was suffering psychologically in the workplace. It wasn't like a broken arm or leg - it was much more insidious.
Reubinson devoted his career to teaching. But the litigation took its toll on his health and family. For almost three years he lived away from his wife. The retired chef says the CIT is keeping its eyes firmly shut to the problem until the WorkSafe decision is handed down. He says four Comcare court cases which found staff had suffered serious psychological harm as a result of employment at CIT should be ringing alarm bells.
While the Commonwealth Comcare scheme operates under ''no-fault'' legislation, Reubinson says there is a clear link or pattern to the claims. Reubinson was unsuccessful in his first claim with Comcare, but a hearing in the Administrative Appeals Tribunal subsequently upheld his complaint.
''Either the AAT decided with the complainants, or Comcare conceded, and the only reason Comcare conceded is because they know they are going to lose and that these things did happen,'' he says.
No-fault means that an injured employee does not have to prove negligence on the part of their employer for their claim to be successful, but it must be clear on the balance of probabilities that the injury occurred or disease arose in the course of employment. For a claim for a disease to be successful, the employee must show that the employment contributed to a material degree to the contraction or aggravation of that disease.
The former cooking teacher says he decided to speak out about his experience because he was afraid it would be swept under the carpet. He welcomes the WorkSafe investigation but wants its scope extended.
''I think there has to be an investigation conducted at the highest level outside of CIT.''
The Federal Administrative Appeals Tribunal ordered CIT to compensate the 55-year-old after his treatment during a 2008 complaints investigation process left him with adjustment disorder and depression, and he was unable to work.
''My blood pressure went through the roof, I had to go on medication - these things are not good.''
The tribunal found that the CIT's actions after two students accused Patrick Reubinson of inappropriate language were unreasonable, untoward, misleading and without procedural fairness, and he was paid $152,000.
Juliana Knight, 61, says mismanagement, bullying and harassment by her employer, the CIT, almost killed her. The former occupational health and safety teacher succeeded in a claim for compensation and rehabilitation for a psychological disorder, after an incident at CIT left her unable to work. Knight worked for the educational provider for more than 20 years. Her last day at work was February 23, 2009. She has been medically retired and is in the pursuing action which will see she is paid 75 per cent of her annual wage until she turns 65. Her doctors say she will never recover and won't be able to return to useful employment.
With her husband at her side for support the softly spoken woman has made the decision to speak about her experience. ''I do not want this to happen to anyone else, and at some stage someone has to stand up and stop it - it's got to stop,'' she says.
She is determined that things should change and says if policy and procedures at CIT were followed she would still be able to work and contribute.
''I was intimidated and appalled by their behaviour. There have been several occasions where I've been made to feel like I'm a criminal where I'm the guilty party - mentally they crushed me. Before all this happened I was extremely confident I would take on challenges, I was totally independent.''
Marron says things have changed since Reubinson and Knight worked at CIT. He says procedure for handling of complaints have been strengthened and streamlined, but denies there was a systemic problem at any time. Earlier this year all ACT Government departments, including the CIT, implemented the ''RED framework'' for Respect, Equity and Diversity.
''It's a whole new response within the public sector for dealing with harassment and bullying,'' Marron says.
He stresses the Comcare cases, including Reubinson's and Knight's, were not about bullying and harassment. ''It's about a procedural issues which is not about bullying and harassment ... That whole process in the early part in 2010, did raise to me that we needed to have a look at what was happening, and that drove some of the intervention that we subsequently made. I did that because I'm a manager but I did that without making a judgment because I didn't have any evidence. I had a lot of people saying this and a lot of people saying that - but I didn't have any evidence [of bullying].''
And he says an independent 2010 staff survey showed ''that in the main things are pretty healthy''.
It is no longer acceptable to hurl abuse at workers in public or reduce staff to tears with destructive criticism, but Reubinson questions how workers can have faith in the new policies and procedures when they were clearly not followed in the past and there has been no acknowledgment that there was a problem.
''They could not follow the procedure they had in place previously so the new procedures are just token word of mouth,'' Reubinson says. ''Staff are still intimidated and the culture is still very very intimidating.''
Marron says proving bullying is difficult because it boils down to he said, she said. He says the CIT also has a duty of care to protect employees against allegations until they are proven. ''The thing is bullying and harassment is a very serious claim with serious consequences and that's why it needs to be a proven case.'' But other staff who remain employed by the CIT, and spoke on the condition of anonymity, say nothing has changed.
The special counsel for Maurice Blackburn Lawyers, Geoff Wilson, represented four CIT employees in their Comcare claims. He says the cases prove there were, and perhaps still are, systemic health and safety issues at the CIT as all the workers he represented suffered a psychological injury.
Wilson says, ''Maurice Blackburn represented four people who became psychologically unwell because of what happened at CIT and the way it was handled ...''
He is unable to go into detail as some of the cases are still ongoing. But in one case a staff member suffered a ''major depressive disorder ... with secondary panic and agoraphobic symptoms, that was significantly contributed to by her employment with Canberra Institute of Technology''.
In that case Comcare paid the CIT staffer compensation and legal costs.
''Comcare claims were lodged and all of these claims were successful,'' Wilson says. ''This is an indication that there are systemic health and safety issues in that workplace.''
Knight and Reubinson say the union is aware of the situation and has tried to help forwarding their complaints to Maurice Blackburn Lawyers.
The acting secretary of the ACT Australian Education union, Glenn Fowler, confirmed a number of members had made allegations of harassment and bullying against the CIT to the union.
''The AEU is aware of issues facing members at the CIT, we have been supporting these member for some time now and we continue to work with them to ensure that they receive due process,'' Fowler said.
When asked if the union was satisfied that the CIT was a safe work environment for its members, Fowler said ''I don't want to answer that, sorry.''
The complaints have emerged as the ACT Government considers its response to the Bradley Report on the University of Canberra and CIT, which recommended merging the institutions.
Meanwhile, the WorkSafe investigation is expected to be completed by the end of the year. But Knight and Reubinson fear more lives will be destroyed and taxpayer dollars will continue to be wasted paying staff who are unable to work because of injuries which should and could have been avoided.
From: http://www.canberratimes.com.au
Knight and her former Canberra Institute of Technology colleague Patrick Reubinson have decided to speak out on behalf of a group of former and current CIT staff who say there is a culture of bullying and harassment at the institute.
They have finally gone public following successful Comcare claims for psychological damage and because they say they have nothing left to fear. (The pair were two of four successful Comcare claims for psychological damage.) Meanwhile, WorkSafe ACT is still investigating seven complaints against CIT after the watchdog issued improvement notices on three separate work areas at the institute earlier this year.
The complaints, legal bills and pay-outs may be stacking up, but the CIT's chief executive, Adrian Marron, says ''he was not, and is not'' aware of any culture of bullying and harassment at the institute - although he was made aware of the allegations which are being investigated by WorkSafe.
''Nobody has made a formal complaint to us and we don't have any formal complaints on record,'' Marron says. ''It's inevitable from time to time that there will be incidents and personal issues and they may seem to some people to be one thing and to someone else another. I don't see bullying and harassment as the fabric of CIT.''
But bullying and harassment in the workplace comes at a high cost - a 2010 Productivity Commission report found that 2.5million Australians experienced some aspect of bullying during their working lives. The report found that bullying and harassment in the workplace costs the economy about $15 billion a year, and the issues are not properly addressed in occupational health and safety laws.
The multi-billion dollar bullying black hole did not include the hidden costs, such as hiring and training employees to replace those who left because of workplace stress. The report also found that workplace stress claims tended to be more costly than claims for less serious physical injuries and resulted in more time taken off work. And time is running out for government departments to stamp out bullying, harassment and workplace stress.
From next year successful claims such as Reubinson's or Knight's could open government to multi-million dollar lawsuits and this has prompted the head of WorkSafe ACT, Mark McCabe, to put all government departments on notice.
Under current Health and Safety regulations ACT Government departments and Commonwealth public service departments cannot be prosecuted for breaches of occupational health and safety legislation.
''That's about to change at the end of the year [because] harmonisation protection for the public service will disappear and they will become prosecutable just like any private company,'' McCabe says. ''It should send a warning bell to other departments; what I've been trying to say to departments is you will become prosecutable from the end of this year - you need to make sure your house is in order.''
Patrick Reubinson speaks with a thick Gloucestershire burr, but his voice breaks and tears well in his eyes when he talks quietly about his love of teaching and imparting skills. He gesticulates and his hands are well-used. Not as rough as his father's, he quickly explains. It was Reubinson's blue-collar upbringing that made it hard for him to accept he was suffering psychologically in the workplace. It wasn't like a broken arm or leg - it was much more insidious.
Reubinson devoted his career to teaching. But the litigation took its toll on his health and family. For almost three years he lived away from his wife. The retired chef says the CIT is keeping its eyes firmly shut to the problem until the WorkSafe decision is handed down. He says four Comcare court cases which found staff had suffered serious psychological harm as a result of employment at CIT should be ringing alarm bells.
While the Commonwealth Comcare scheme operates under ''no-fault'' legislation, Reubinson says there is a clear link or pattern to the claims. Reubinson was unsuccessful in his first claim with Comcare, but a hearing in the Administrative Appeals Tribunal subsequently upheld his complaint.
''Either the AAT decided with the complainants, or Comcare conceded, and the only reason Comcare conceded is because they know they are going to lose and that these things did happen,'' he says.
No-fault means that an injured employee does not have to prove negligence on the part of their employer for their claim to be successful, but it must be clear on the balance of probabilities that the injury occurred or disease arose in the course of employment. For a claim for a disease to be successful, the employee must show that the employment contributed to a material degree to the contraction or aggravation of that disease.
The former cooking teacher says he decided to speak out about his experience because he was afraid it would be swept under the carpet. He welcomes the WorkSafe investigation but wants its scope extended.
''I think there has to be an investigation conducted at the highest level outside of CIT.''
The Federal Administrative Appeals Tribunal ordered CIT to compensate the 55-year-old after his treatment during a 2008 complaints investigation process left him with adjustment disorder and depression, and he was unable to work.
''My blood pressure went through the roof, I had to go on medication - these things are not good.''
The tribunal found that the CIT's actions after two students accused Patrick Reubinson of inappropriate language were unreasonable, untoward, misleading and without procedural fairness, and he was paid $152,000.
Juliana Knight, 61, says mismanagement, bullying and harassment by her employer, the CIT, almost killed her. The former occupational health and safety teacher succeeded in a claim for compensation and rehabilitation for a psychological disorder, after an incident at CIT left her unable to work. Knight worked for the educational provider for more than 20 years. Her last day at work was February 23, 2009. She has been medically retired and is in the pursuing action which will see she is paid 75 per cent of her annual wage until she turns 65. Her doctors say she will never recover and won't be able to return to useful employment.
With her husband at her side for support the softly spoken woman has made the decision to speak about her experience. ''I do not want this to happen to anyone else, and at some stage someone has to stand up and stop it - it's got to stop,'' she says.
She is determined that things should change and says if policy and procedures at CIT were followed she would still be able to work and contribute.
''I was intimidated and appalled by their behaviour. There have been several occasions where I've been made to feel like I'm a criminal where I'm the guilty party - mentally they crushed me. Before all this happened I was extremely confident I would take on challenges, I was totally independent.''
Marron says things have changed since Reubinson and Knight worked at CIT. He says procedure for handling of complaints have been strengthened and streamlined, but denies there was a systemic problem at any time. Earlier this year all ACT Government departments, including the CIT, implemented the ''RED framework'' for Respect, Equity and Diversity.
''It's a whole new response within the public sector for dealing with harassment and bullying,'' Marron says.
He stresses the Comcare cases, including Reubinson's and Knight's, were not about bullying and harassment. ''It's about a procedural issues which is not about bullying and harassment ... That whole process in the early part in 2010, did raise to me that we needed to have a look at what was happening, and that drove some of the intervention that we subsequently made. I did that because I'm a manager but I did that without making a judgment because I didn't have any evidence. I had a lot of people saying this and a lot of people saying that - but I didn't have any evidence [of bullying].''
And he says an independent 2010 staff survey showed ''that in the main things are pretty healthy''.
It is no longer acceptable to hurl abuse at workers in public or reduce staff to tears with destructive criticism, but Reubinson questions how workers can have faith in the new policies and procedures when they were clearly not followed in the past and there has been no acknowledgment that there was a problem.
''They could not follow the procedure they had in place previously so the new procedures are just token word of mouth,'' Reubinson says. ''Staff are still intimidated and the culture is still very very intimidating.''
Marron says proving bullying is difficult because it boils down to he said, she said. He says the CIT also has a duty of care to protect employees against allegations until they are proven. ''The thing is bullying and harassment is a very serious claim with serious consequences and that's why it needs to be a proven case.'' But other staff who remain employed by the CIT, and spoke on the condition of anonymity, say nothing has changed.
The special counsel for Maurice Blackburn Lawyers, Geoff Wilson, represented four CIT employees in their Comcare claims. He says the cases prove there were, and perhaps still are, systemic health and safety issues at the CIT as all the workers he represented suffered a psychological injury.
Wilson says, ''Maurice Blackburn represented four people who became psychologically unwell because of what happened at CIT and the way it was handled ...''
He is unable to go into detail as some of the cases are still ongoing. But in one case a staff member suffered a ''major depressive disorder ... with secondary panic and agoraphobic symptoms, that was significantly contributed to by her employment with Canberra Institute of Technology''.
In that case Comcare paid the CIT staffer compensation and legal costs.
''Comcare claims were lodged and all of these claims were successful,'' Wilson says. ''This is an indication that there are systemic health and safety issues in that workplace.''
Knight and Reubinson say the union is aware of the situation and has tried to help forwarding their complaints to Maurice Blackburn Lawyers.
The acting secretary of the ACT Australian Education union, Glenn Fowler, confirmed a number of members had made allegations of harassment and bullying against the CIT to the union.
''The AEU is aware of issues facing members at the CIT, we have been supporting these member for some time now and we continue to work with them to ensure that they receive due process,'' Fowler said.
When asked if the union was satisfied that the CIT was a safe work environment for its members, Fowler said ''I don't want to answer that, sorry.''
The complaints have emerged as the ACT Government considers its response to the Bradley Report on the University of Canberra and CIT, which recommended merging the institutions.
Meanwhile, the WorkSafe investigation is expected to be completed by the end of the year. But Knight and Reubinson fear more lives will be destroyed and taxpayer dollars will continue to be wasted paying staff who are unable to work because of injuries which should and could have been avoided.
From: http://www.canberratimes.com.au
September 13, 2011
They don't stop until they destroy...
I was a full-time professor of sociology at Harrisburg Area Community College in Lancaster Pennsylvania. And I had kick butt evaluations at Penn st. University. I was mobbed, or multiply harassed dozens of times in the academia at Harrisburg area community college in Lancaster pa.
The people I worked around were sick and mean dude. I classify them now as having sociopathic tendencies. I taught all the advanced sociology courses at HACC, and I was the best sociology instructor there, hands down. In one of my first semesters I taught at HACC, I taught: race and culture, aging, soc problems, and soci 101. The second semester I was at HACC Lancster, I taught four different courses in one semester. can you believe that?
This happened just after I was out of graduate school. The leadership stunk at HACC. There were two other law suits going on at the time. They sat back and watched the harassment go on and on with me. It grew and grew like a snowball. Nobody did anything, but encouraged it to continue. The staff turned students, administration, and colleagues against me.
I finally filed a 60 point complaint of harassment with the PaHRC, and the EEOC. I kept thinking it was gang rape??? The case no are as followed PaHRC case no.200800802, and EEOC No. 17F200960329. In reality the complaint could have had hundreds of individual cases of harassment against me. When I filed the complaint I was fired, and it spread to organized cause stalking in the community of Lancaster Pa. They were spreading all kinds of rumors about me: unstable, aggressive, on drugs, a time-bomb... nothing could have ever been further from the truth. It did happen!
It was documented that one student would harass me 3 to 7 times a day. He did this for six weeks while the administration, and security sat back and watched. Nobody could understand what it was because it was so sick and so unbelievable. Even the doctors and counselors were confused because they haven't dealt with any cases where people had been victimized by mobbing or work place harassment. Only when a Forensic psychologist examined me did people understand what had happened to me. A person is so out of that they really don't even know what has really happened to them. You just get depressed, angry, hurt, and PTSD. Flash back of the torment, and helplessness of being cornered and attacked over and over again. And you just have to keep smiling. It's sick! Sometimes people don't even realize it is going on, but it is. And it has tragic psychological consequences on a person.
My complaint was filed. It is set stone, it did happen, and there is no denying it... my professor warned me this would happen in Lancaster, and it did. I am just glad I documented the entire thing. It happened just like a story prof. Joan Friedenberg wrote about, and posted on a site except it was much worse at Harrisburg Area Community College in Lancaster Pa. Forget the birds dude, they were like wolves and hornets stinging me over and over again... And they don't stop until they destroy, or run off...
Anonymous
The people I worked around were sick and mean dude. I classify them now as having sociopathic tendencies. I taught all the advanced sociology courses at HACC, and I was the best sociology instructor there, hands down. In one of my first semesters I taught at HACC, I taught: race and culture, aging, soc problems, and soci 101. The second semester I was at HACC Lancster, I taught four different courses in one semester. can you believe that?
This happened just after I was out of graduate school. The leadership stunk at HACC. There were two other law suits going on at the time. They sat back and watched the harassment go on and on with me. It grew and grew like a snowball. Nobody did anything, but encouraged it to continue. The staff turned students, administration, and colleagues against me.
I finally filed a 60 point complaint of harassment with the PaHRC, and the EEOC. I kept thinking it was gang rape??? The case no are as followed PaHRC case no.200800802, and EEOC No. 17F200960329. In reality the complaint could have had hundreds of individual cases of harassment against me. When I filed the complaint I was fired, and it spread to organized cause stalking in the community of Lancaster Pa. They were spreading all kinds of rumors about me: unstable, aggressive, on drugs, a time-bomb... nothing could have ever been further from the truth. It did happen!
It was documented that one student would harass me 3 to 7 times a day. He did this for six weeks while the administration, and security sat back and watched. Nobody could understand what it was because it was so sick and so unbelievable. Even the doctors and counselors were confused because they haven't dealt with any cases where people had been victimized by mobbing or work place harassment. Only when a Forensic psychologist examined me did people understand what had happened to me. A person is so out of that they really don't even know what has really happened to them. You just get depressed, angry, hurt, and PTSD. Flash back of the torment, and helplessness of being cornered and attacked over and over again. And you just have to keep smiling. It's sick! Sometimes people don't even realize it is going on, but it is. And it has tragic psychological consequences on a person.
My complaint was filed. It is set stone, it did happen, and there is no denying it... my professor warned me this would happen in Lancaster, and it did. I am just glad I documented the entire thing. It happened just like a story prof. Joan Friedenberg wrote about, and posted on a site except it was much worse at Harrisburg Area Community College in Lancaster Pa. Forget the birds dude, they were like wolves and hornets stinging me over and over again... And they don't stop until they destroy, or run off...
Anonymous
September 12, 2011
September 10, 2011
e-petition: Criminal Penalties for Workplace Bullies
Responsible department: Ministry of Justice
In 2010, Unison reported that more than one third of workers had been bullied in the previous 6 months, double the number a decade ago. Complaints of bullying are now more prevalent in claims for unfair dismissal and discrimination. However, the current law does not provide adequate protection for the targets of bullying. This petition urges the Government to introduce individual criminal offences and corporate criminal liability for bullying in the workplace, similar to the provisions of the Corporate Manslaughter and Corporate Homicide Act 2007. Penalties should include imprisonment, unlimited fines and compensation orders. Bullying and harassment in the workplace was recently criminalised in Australia following the suicide of 19 year old Brodie Panlock, a waitress who was bullied at work. Tragic events should not be necessary to catalyse legislative change. This petition urges the Government to criminalise workplace bullying and harassment.
Sign at: http://epetitions.direct.gov.uk/petitions/2380
In 2010, Unison reported that more than one third of workers had been bullied in the previous 6 months, double the number a decade ago. Complaints of bullying are now more prevalent in claims for unfair dismissal and discrimination. However, the current law does not provide adequate protection for the targets of bullying. This petition urges the Government to introduce individual criminal offences and corporate criminal liability for bullying in the workplace, similar to the provisions of the Corporate Manslaughter and Corporate Homicide Act 2007. Penalties should include imprisonment, unlimited fines and compensation orders. Bullying and harassment in the workplace was recently criminalised in Australia following the suicide of 19 year old Brodie Panlock, a waitress who was bullied at work. Tragic events should not be necessary to catalyse legislative change. This petition urges the Government to criminalise workplace bullying and harassment.
Sign at: http://epetitions.direct.gov.uk/petitions/2380
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