My Story - My Voice: Ostracism as adverse action

Then Jesus said to the crowds and to his disciples, “The scribes and the Pharisees sit on Moses’ seat; therefore, do whatever they teach you and follow it; but do not do as they do, for they do not practice what they teach. They tie up heavy burdens, hard to bear, and lay them on the shoulders of others; but they themselves are unwilling to lift a finger to move them. They do all their deeds to be seen by others; for they make their phylacteries broad and their fringes long. They love to have the place of honour at banquets and the best seats in the synagogues, and to be greeted with respect in the marketplaces, and to have people call them rabbi.”

(Matthew 23:1-7).

On 20 October, 2019, in between preparing to send the particulars of repeated bullying, discrimination and harassment, I requested to attend the staff spiritual retreat, organised by the Directorate of Mission and Identity. It was taking place at The Hermitage in Mittagong in November. The OT advised I obtain a supporting letter from my GP, which I found odd.

But I did it just to appease these people in HR, employed not to follow policies, procedures, nor the laws of God and country. So, I informed my GP about needing a written document regarding attending the staff spiritual retreat. It was important for my well-being.

The spiritual retreat was separate from the work issue I was experiencing. I had asked my GP if there was a website for learning more about the workers compensation process. We had a teleconference with the OT regarding the stressor affecting my health, wellbeing and safety at work. Remove the stressor, and I was fine.

Given the malicious letter of dangerous false statements, sent by HR on letterhead, it was merely options that were being discussed in that teleconference between myself, GP and the OT. It wasn’t a confirmation of what I was going to do, because I was confused and severely burnt out from years of serious unmanaged psychosocial hazards! I JUST NEEDED SOME AGREED BOUNDARIES!

I emailed the letter to the OT, campus minister and the HR “associate director”. I wrote that I was in great need to still feel like a valued employee of the university, as a human being first and foremost. I also wrote that I would like to take up the option of spiritual direction while on the retreat.

That HR monster (because there’s no humanity in this conduct), denied me this right, continuing the ostracism and social isolation, claiming I was “unfit” to attend. This was also undermining the authority of my very own GP of 35 years.

Via the OT, I asked the associate director to elaborate on what she meant by “unfit”. She failed to clarify with a valid response.

Campus ministry were instructed not to provide the support I needed. I was isolated like a criminal. There was no one guiding me, supporting me, communicating with me. I was now bullied and victimised by HR too, AGAINST POLICIES, PROCEDURES AND LAWS! AND AGAINST THE MISSION WHICH IS THE IDENTITY OF THIS INSTITUTION!

The reader can refer to the mission and values of respecting the person’s wellbeing holistically, including spiritual. I can’t go there myself at the moment, until SafeWork NSW and SIRA NSW start doing their jobs, and start practicing what they preach ad nauseum too. This was deliberate OSTRACISM AND ISOLATION!

Also, the “particulars” I sent had no names mentioned other than the stressor. Where others were mentioned, I used their job title. This is important to note, given yet another serious privacy violation that happened several months later when I had no choice but to make a worker’s compensation claim, as advised by employment lawyer #3. The shocking part is that the claim wasn’t because of the initial bullying and injuries caused by the manager in my unit. The claim was because of the national manager of employment relations and SAFETY intentionally committing WHS offences and worse. Poached from another university for her immoral and diabolical behaviour (refer to the recommended reading in the previous post to understand the dark cloud that had settled over a once ethical and moral institution).

HR exploited my family’s privacy, to cause harm to me. There was no regard for my wellbeing, and also no regard for my family’s safety and wellbeing either.

That defamatory and dangerous letter, sent via my GP, on 22 October 2019, proved the contravention of s.340, among other clauses, in the Fair Work Act 2009 (Cth). The HR associate director did not listen, mentioning in the letter that she was aware I was preparing to lodge a worker’s compensation claim. INCORRECT. At that time, I made every reasonable attempt to resolve a serious workplace issue of bullying, harassment and discrimination as per policies. HR and the WHS unit never contacted my GP (even when I finally did make a worker’s compensation claim). The only person who could have misinformed them was the OT.*

That HR associate director also contradicted herself by stating that it was my decision whether to pursue a staff complaint. Isn’t that what I did when I reported my complaint to the other associate director in my directorate, on 2 July 2019? And when I submitted what I could via that primitive useless online complaints form shoved in my direction without any communication and support to assist me with the “process”? Sorry, how much are associate directors paid? Because these individuals have proven to be very “unfit” in doing the inherent requirements stakeholders expect of them, in their jobs.

*NOTE: I hadn’t yet read the entire letter, for emotional safety. So at this stage, I missed reading that they were apparently “aware” that I was going to make a workers compensation claim. It backfired. So many offences and desperate attempts to harm me, even unto death, backfired. They did harm me, but in the words of Nietzsche, “Out of life's school of war—what doesn't kill me, makes me stronger.”

This post is based on documents 18-20. It displays coercion, ostracism as adverse action for requesting generally protected workplace rights, discrimination and malicious and vexatious conduct that condones engaging in WHS breaches and creating psychosocial hazards, not managing the risks as the PCBU is reasonably expected to do so, BY LAW.

Relevant legislation:

Anti-Discrimination Act 1977 (NSW)

https://legislation.nsw.gov.au/view/html/inforce/current/act-1977-048#sec.50

https://legislation.nsw.gov.au/view/html/inforce/current/act-1977-048#sec.52

https://legislation.nsw.gov.au/view/html/inforce/current/act-1977-048#sec.53

Fair Work Act 2009 (Cth)

http://www6.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/fwa2009114/s340.html

Privacy Act 1988 (Cth)

http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/pa1988108/s99a.html

Work Health and Safety Act 2011 (NSW)

Ostracism as adverse action is bullying

https://legislation.nsw.gov.au/view/html/inforce/current/act-2011-010#sec.19