Lived Experience Forum

[girl99]

I have written some posts on this before, but I have been involved for many years with my employer in a long ongoing dispute where I was bullied.   As a result of reporting the bullying, I experienced hostiity, victimisation and other terrible tactics from my workplace.

I'm worried how Australian workplaces treat people who have been bullied or discriminated against, particularly in cases that involve psychological damage (or MI).  I have been reading up on this topic and they are finding that in many cases reporting workplace bullying or discrimination can actually make it worse. This has certainly been my experience.

See link:  http://www.abc.net.au/news/2012-07-27/williams-workplace-bullying/4156378

It is concerning because as this article states

'...without a doubt, in nearly every situation, once the litigation process starts, the (alleged) victim just gets worse and worse until they are so sick they never work again. It's very sad, isn't it?

Has anyone come out the other side with a good outcome from reporting workplace bullying?  It honestly seems like the best outcome is to resign and try to move forward.

I'm really interested in hearing from others who have been through this.  Also, any researchers out there? This would be a good research topic as I think as something really needs to be done - it is terrible what is going on in some workplaces.

[Sahara]

Hi @girl99,

quite a few people here on Sane forums are in a similar situation to you. I am thinking of @Former-Member and a few others. They will probably see your post and hopefully give you some support. 

It's very concerning that people who report bullying don't seem to get better, but rather they seem to go down-hill, as far as MI symptoms.  

One lady I used to work with had a case that her union helped her with, and it eventually went to court and she got a big financial settlement. She was on work-cover, but actually did seek out a new job and went back to work. That new job is where I met her and she gradually told me her story. She was doing well by the time I left that job.

There are so many stories out there.

I wanted to take one of my ex-employers to court because he sacked me for asking to be paid award wages. In the end, I dropped the case and moved on, because it was just too stressful and I didn't know what the outcome would be. He could have won, for all i know, because he was friends with a Q.C! The courts no doubt show favoritism.... just like every other institution or bureaucracy. Life isn't fair; but there you go. 

Yes, I believe in some instances, you are better to walk away and chalk it up to experience. The lawyers are the only real winner$. 

[Tyler77]

My personal favorites are people who slight me in subtle and almost imperceptible ways.  This kind of mental attack is especially devious, because it gets the victim to start to question their own judgment.  "Did he/she really say that?" "Was that comment directed indirectly toward me?" Often I would hear insults, just barely audiable, and when I would ask them who they were speaking of, they would pretend that either they didnt hear me or that "it's not about you..."  then giggling, muffled laughter...making me feel like 2 inches tall.  

Bullies come in all shapes and sizes and aren't always alpha male types.  The ones who are outright bluntly insulting and damaging are easiest to deal with, because there are witnesses and its not a judgment call as to whether or not that was abuse.  But The sneaky ones, the sneaky bullies are the worst.  They will cut you a dozen times with their sharp tounge and you'll wonder if anything happened at all.  I personally hate these kinds of bullies, because it is like swatting at misquitoes....You can hear them, they leave a mark and a sting, but its small and most people wouldnt believe it to be a big deal.  But day in and day out, the sting of that bully can accumulate.  I also view them as cowards, in that they hide behind their veil of social grace and appropriateness but are really just nasty nasty people.

Long story short, I reported the behavior, but it was dismissed...

I didnt pursue litigation, because hoenestly...the damage wasnt that great.  

But I did leave and got a job somewhere else in a different field...

Hope this helps 🙂

[Former-Member]

Hi @girl99 - my problems are still ongoing, although I am officially still employed I haven't been able to go into work due to the toxic atmosphere. I've been subjected to bullying, isolation, exclusion... to the point where I was shut away in an office by myself with nothing to do. All my tasks have been taken off me, no one responds to my emails and I am largely ignored to the point where I feel invisible. This is obviously a very dangerous and unsafe place for someone with a diagnosed and disclosed serious mental illness. My guess is they are just trying to wear me down to the point where I either quit or take my life. When I complained HR conducted a total sham of an investigation and management still don't think there are any issues or that there is a problem. This is now going to court as it was never going to be resolved internally. I can't see myself ever being able to work again after this is over, such is the toll it has had on me. I think the more people complain and the more visibility these sort of issues get then eventually there will be positive change especially if the financial impact becomes unsustainable. That's all board members and executives care about. Humans are just a disposable resource to be replaced when they break. If there are serious financial and reputational repercussions then change will have to happen. 

[over1t]

I suggest that if your bullying is severe enough to cause you distres you lodge a work cover claim for your medical and potentially your income costs.  I don't know what state you are in, as the laws vary, but to gereralise, if your Dr recognises that there is a 'breakdown' in your relationship with your employer workcover will need to help you find new work, and pay for training etc if needed. 

It's also good to know that the employer will be forced to acknoledge what there was bullying in their work place and their insurance premiums will be effected, so they may change to avoid the extra insurance costs

[Former-Member]

I was talking to my psychiatrist today about going down the workcover path as he has been involved in workcover cases. In his own words workcover are combative - you need to remember that they are an insurer and they are acting for the companies that pay their premiums not the injured worker. Workcover's focus is to get people back to work not give them a big payout or pay for retraining. Workcover will also delve deep into your medical history - you need to be prepared for this. Claiming stress is very difficult and it's made a lot harder if you have a pre-existing MH condition. You really need to have your documented evidence in order to prove your claim. Companies pay their premiums based on the type of business (mining, healthcare, manufacturing etc.) not on whether they have had claims made against them which is unfortunate but their is always the power of social media to name and shame therefore affecting their bottom line as people will avoid a business that has a bullying culture.

[girl99]

@over1t and others

Thank you for for your replies. Yes I am currently going through worker's compensation and they accepted liability but this has meant very little in terms of an actual outcome.  No apology from my work, delays in any payments and they refuse to transfer me elsewhere.  They just keep sending me for ongoing IME assessments with unsympathetic doctors (there is a special list of 'psychiatrists' they send you to and the people on that list are known to be hired specifically by workplaces as they will write reports the workplaces want). I think they are hoping if they keep sending me to IMEs eventually one of them will trick me or 'expose' me and force me to leave or something.  They certainly don't send me to assist me or help with my health (although they pretend this is the purpose).  It's a horrible situation and I have heard stories that there are many others in such situations.  It has been my experience that the process is designed to wear you down as much as possible and break you.  The whole workplace system that is set up in regards to bullying and psychological injuries is broken.

I just wondered if there was anyone who had personally had a good outcome from reporting workplace bullying?  

[Former-Member]

Hi @girl99 - I can't comment on my case as it is still ongoing but many people have had successful outcomes when complaining about bullying. The major thing you need is proof - without it there just hearsay that can't be proven in court. Making a workcover claim is very difficult - it's not like getting your arm ripped off which is an obvious injury. Psychological damage is much harder to prove that's why you have to document everything. When I complained to my employer's HR department they straight away sided with the manager and made comments such as "well that's just your perception of what happened" with the insinuation that I was delusional. Still all these months of their delaying tactics has allowed me to collect a lot of evidence. Another point is what do you hope to achieve from your complaint? They will ask that question - do you want compensation? An apology? Yes you're right there are a lot of people in this situation and it's a long and difficult road to go down but hopefully it will end well.

[Former-Member]

Hi @girl99

I would get some legal advise. If you live in NSW call legalaid for an appointment or call their hotline LawAccess NSW. Or contact fairwork or the human rights commission. I am sure they have similar services in other states.

I wish you all the best and hope you will get through this ok!

[over1t]

@Former-Member your post is factually incorrect.  Business's workcover premium's are affected by the amount of claims they have.. (physical or psychological) and how much these claims cost.  This is the biggest incentive there is for employers to have a safe workplace. . (I worked for workcover for several years.)   

There are different options for returning to work, a lot of it will depend on the size of the business, ie can you be transferred to a different department or role and if your Doctor beleieves you can't go back. 

Workcover is very generous and offers a much better health coverage then you would normally get - even with private health insurance.

I wont go on any more, but most of what you have said is incorrect, you can always get legal advise, many lawyers offer a free first consultation.