“We have a legal system, not a justice system.”
Troy Stolz
Let’s look at a case in the Fair Work Commission that involved a professional peer from the university sector, that importantly, involved the same offenders, same tactics and same “connections” that tried this shit on me, and likely many others.
This is in the public interest and the public must know the truth.
Before reading this post, I recommend reading my post Employment lawyer #3 - Part 5 - Unacceptable and unfair legal advice - 2020. It will make sense why this university staff member, being subjected to illegal adverse action, was represented by his wife. She was not a lawyer and this abuse likely affected her too, as it does any family unit.
Our hard work, our contribution to society, our need to feel valued and respected, our livelihood, is also personal and emotional. Staff who are victims of workplace abuse, should NOT be treated as though they are the criminals in the likes of the Fair Work Commission. They are not criminals. But given the courage of this duo to take the matter to the FWC, we have a public record of how the “process” works for employees just trying to do their jobs, and a record of the repeat offenders, who ARE criminals because they are committing offences and have been getting away with it.
Until now.
This post will review the first two submissions from the complainant, in 2019. Part 2 will be a continuation of injustice in 2020 and Part 3, a final blow of injustice in 2021. The last submission leads into the undisclosed conflicts of interest and unethical conduct, coming up later in my story, from Clayton Utz legal.
In a later post, another "connection" will come into the story too. And on it goes on. Right now, I could use a number of other words starting with 'C' to describe Clayton Utz lawyers.
In 2019, this victim of institutional abuse at UNSW filed an application for a Stop Bullying Order with the Fair Work Commission. I kept being fobbed off to do the same. That dismissive "fob off" will come up several times in my story, including:
- the Independent Review Office;
- Office of the former Minister for Better Regulation and Innovation who was responsible for SafeWork NSW, Kevin Anderson; and
- the Office of the Fair Work Ombudsman.
I was right in what I predicted: the Stop Bullying Order is utter bullshit. Instead of an immediate order for the bullying to stop (being inflicted on staff by senior executives in Australian universities as adverse action), the target is caused further distress, gross negligence and abuse, if they take it to the Fair Work Commission.
So much for Respect and Safety at Work.
The university staff member initially applied for:
Fair Work Act 2009 s 789FC - Application for an order to stop bullying.
The FWC dismissed the application.
The reference is a link to the public record of the case:
Krcho v University of New South Wales [2019] FWC 5278 (31 July 2019)
I'm going to highlight a few things that reveal the same offenders, the same repeated "tactics" as diabolical adverse action, the truth from the complainant that will now corroborate many stories coming out, from other university staff who have been subjected to this institutional abuse, and the failure and injustice of the FWC. It is a miscarriage of justice and abuse of power.
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| Image 1 - p.4 |
Delusional describes Deepinder Miller. She is dangerous. She is corrupt. She makes fraudulent statements in collusion with Rena Christmann, who is named as legal counsel for UNSW in this initial case on public record. Remember my post mentioning Miller’s 7-page report on a consultation that never happened. This was given to me in October 2020 by HR and R. Christmann.
That is medical fraud! Read my posts A “doctor” who commits fraud - 2019 and Medical malpractice, unprofessional conduct and lack of duty of care. This corruption must stop. Offending parties should finally be suspended, investigated and, where warranted, prosecuted!
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| Image 2 - p.6 |
Readers, you can read this for yourselves. All I will say is that Deepinder Miller, and those like her, must be stopped in a currently corrupt system.
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| Image 3 - pp.6-7 |
If you have been reading my story on this blog (based on my volume of evidence), a reasonable person would conclude that what this victim of workplace abuse has stated on public record, is all TRUE. And my story, on this blog, is still in the early stages. I prove that such offenders practicing law, medicine, in HR, WHS staff and VCs / CEOs who authorise these fellow "leaders" to engage in corrupt conduct, will go to any low level, to try and "finish the job” by finishing the staff / talent / ethical professionals, and their families.
It is my Mission, in Truth and Love, as my commitment to the Dignity of the Human Person and Common Good, to write my story, using my God given Gifts in academia, research and knowledge, to stop this systemic abuse, and save lives in our workplaces.
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| Image 4 - p.7 |
The Fair Work Commission failed this university employee, and by doing so, failed all of us who requested a safe work environment and were severely and systemically abused for doing so. It is a workplace right to feel safe, is it a legal obligation as per WHS laws and regulations for employers to comply with safety standards and codes of practice.
We also know it is a generally protected workplace right under s.340 of the Fair Work Act 2009 (Cth). The system itself is outdated, but disturbingly, it’s more than that.
Staff are not the perpetrators of abuse. They are the victims. Yet we have a system that treats workers as criminals for daring to take further legal action to protect their employee rights, and ensure they are safe from workplace abuse. This proves employees are not protected or kept safe if they take the matter to the Fair Work Commission without spending at least $40, 000 (as quoted to me by JFM Andreyev Legal), to do so. This is money employees work hard for and need to hold onto, in a cost of living crisis.
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| Image 5 - p. 8 |
As I said, SafeWork NSW do NOTHING to investigate and order the psychosocial hazards / psychological violence as retaliation / adverse action by senior executive "leaders", to STOP. The Ministers for WHS (both former and current) should have listened.
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| Image 6 - p.10 |
Deepinder Miller is extremely malicious. She is a very narcissistic and disturbed human being. Refer to previous two blog posts in the links I shared above. There’s more to come, regarding Miller and her fellow medical "friends".
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| Image 7 - p.13 |
Given the employee at UNSW had his wife represent him, it now makes sense why Rena Christmann was foolish enough to think that I would have family or friends (the latter still to come in my story), represent me (See my post Employment lawyer #3 - Part 3 - 2020). No. But I was also not going to be coerced to be eaten out of house and home, with a starting cost of $40,000 for a non-existent matter. This is our income we earn at work to pay our bills and put food on the table. Again, do readers see the shitty irony in this systemic “design”? Is it a systemic flaw or is it intentional? That’s something to reflect on as I continue sharing my story.
This now named national manager of employment relations and SAFETY underestimated me, and so did the VC that poached her from UNSW, just after this Stop Bullying Order application was submitted, by one of many targets of institutional abuse. He represents many victims of workplace abuse. This "tactic" has become common. The more workplace abuse victims connect and talk to each other, the more this is brought out of the darkness and into the light.
It will now backfire. I will use this to save lives and livelihoods.
It’s time to challenge the status quo.
Employees of publicly funded universities in Australia don’t need an employment lawyer; they don’t need a personal injury / workers compensation lawyer. This is human rights abuse of workers in Australia. It’s a different specialisation that’s required.
If the university "leaders" consider the above tactic the “right” path to manage risk, these “leaders”, making decisions to violate laws, destroying lives of staff, families, and our Australian university communities, must resign and be individually investigated for reckless conduct with intent to cause harm.
The best risk management, as it turns out, after so much damage to so many people, is compliance with regulations and laws.
Just do the right thing.
We are coming full circle. We need systemic change and / or to set a precedent to truly deter any employer from attempting tactics of greater “psychosocial hazards” as “managing risk” rather than their legal obligation to actually manage the psychosocial hazards in the workplace as per WHS laws.
Perhaps now, after the gross negligence, abuse and hell SafeWork NSW put me through, they will finally wake up. That goes for WHS regulators across Australia, and, for that matter, globally. It is a global human rights crisis in our organisations where we work.
On 10 December 2019, the complainant appealed the decision.
Do readers think the appeal was successful?
Do readers think the Fair Work Commission “rules” are “fair” to workers? They are most certainly “fair” to organisations abusing their power, including the ridiculous 21 day deadline rule.
But it’s OK, according to regulators, for self-insurers like Catholic Church Insurance to “forget” to provide a claim form and make a decision within the 21 day deadline “rule”. That’s OK, according to the NSW Government and regulators like SIRA NSW.
Are readers getting a clearer picture, as I place more pieces of this puzzle together, through my experience, records, research, and speaking with other survivors of a double layer of institutional abuse, first in the workplace and then in the “system”?
How many victims have been targeted by such corruption and institutional abuse?
Workers should feel safe to report such workplace abuse to SafeWork NSW, and expect immediate action to stop the offenders in HR / WHS / CEOs / VCs etc. SafeWork NSW should be protecting staff and their families and removing and / or punishing the perpetrators!
Soon readers will learn how SafeWork NSW actually responds to workers pleading for protection and safety.
The public are fed false advertising everywhere regarding protection from illegal adverse action for requesting generally protected workplace rights and a safe work environment. This is legal obligation just expected from employers, without regulators actually investigating serious reports of WHS violations, and enforcing compliance, when employers become the greater abusers.
So on behalf of every employee who has been systemically abused in a bullshit system that’s one big sham, I’m going to continue to write my lived experience, with snapshots of my evidence, to shame them all.
They deserve to be shamed. Innocent victims, abused just for doing their jobs, did not deserve to be shamed.
To be continued…
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