My Story - My Voice: Employment lawyer #1

“Woe to you, scribes and Pharisees, hypocrites! For you tithe mint, dill, and cummin, and have neglected the weightier matters of the law: justice and mercy and faith. It is these you ought to have practiced without neglecting the others”. (Matthew 23:23).

Around 12 November 2019, I visited an employment lawyer for advice. I didn’t know how to find such a lawyer. I went to a firm as per a recommendation. They were extortionists and ultimately of no help. I had no idea how all this works. I wanted a simple resolution so I could do my job with dignity, fairness, safety, autonomy and respectfully. They gave me incorrect advice and I paid $1,400 for it.

Given the cost was $700 per hour, I was rushed when trying to explain the context. Not to mention how much this gaslighting tactic as adverse action was impacting my health and wellbeing. It was much later, when I was not as cognitively overloaded and impaired from the workplace abuse, that I became aware the legal advice given by this firm was incorrect and negligent. Looking back on the records, the lawyer told me nothing I didn’t already know. I just took notes at the time to put in an email to those HR narcissists to get them to back off and stop the adverse action. But nothing was going to stop these offenders, even if it meant outright fraud as adverse action and using a carrier to menace and harass.

The lawyer at this firm assumed I was being sent to an IME due to a disability. That was inaccurate and incorrect. I did not have a disability. I had leave entitlements and a right to my privacy. The reasonable adjustments I listed were recommendations for ensuring a safe work environment, not because of any disability. HR never viewed, discussed with me, let alone considered my recommendations. After I sent the email, the HR associate director, who’s proven unfit to follow and apply the organisation’s policies and procedures, zero tolerance of discrimination, harassment and bullying, let alone the mission and values, replied, adamant that I attend. This time, she sent the questions that were being put to the “independent” IME “practitioner” (while ignoring the reports of my GP of over 30 years, even when employment lawyer #3 advised I make a workers compensation claim, because, to quote verbatim, “It’s not worth your health”).

I would like to have explained to me, why the first question for the IME practitioner, relates to taking instructions and feedback from the very person I made a workplace bullying complaint about. The discrimination, harassment and exploitation from an employer and manager who reaped benefits from my work for twenty years, is very serious on its own.

How was any of this relevant to my having made a complaint of workplace bullying, discrimination and harassment, that could have been resolved very quickly and fairly as per policies and the law? My question was if the manager could also take feedback from staff. The answer has been repeatedly, no (see my attempt to address issues in previous posts). Why didn’t HR send these irrelevant questions earlier? Why was information withheld from me? The number of laws contravened would continue to grow.

I won’t even entertain the other questions by mentioning them in this post (although the creepiness of them make complete sense in hindsight). From the next post, readers will come to know the offender committing medical malpractice, for years. THIS TIME, IT ALL BACKFIRED ON HR OFFENDERS AND THIS ONCE ETHICAL INSTITUTION. There are even cases in the Fair Work Commission, on public record, exposing the undisclosed conflicts of interest. Hiding in plain sight, they were. It’s actually an illegal network of strategic alliances to slander and defame innocent workers on public record, eat them out of house and home in this “process”, destroy their career and reputation and deny them their right to procedural fairness and natural justice. Someone must save these victims preyed on in a miscarriage of justice, and the offenders finally brought to justice.

I went back to the law firm, forked out another $700 for another hour, to find out what to do. I was speechless and frozen in fear. Firstly, I was advised to attend (and we all know they’re NOT independent and it’s a GASLIGHTING TACTIC in an era of accountability for unmanaged psychosocial hazards and mentally healthy workplaces as a huge legal obligation). Secondly, this lawyer started rattling off multiple options and estimated legal costs. I’m talking she quoted $20,000 to $30,000 and up. What the fuck? These are my workplace rights, my legal entitlements, and I’m going to pay extortionist fees to save my twenty year job security, that I should be getting paid to continue doing my brilliant work for the benefit of the university community, safely and respectfully? Like hell that was going to happen. But the offenders were relentless in the abuse and offences committed, including the crime of fraud. Everything stolen will be returned to its rightful owner, in restitution, and as per catechism and identity and mission.

Going back to the lawyer, apart from paying $700 to be informed how much more it’s likely to cost me, the options included the Fair Work Commission (thank goodness I avoided that trap and dodged that bullet), the Australian Human Rights Commission and Workers Compensation (the corrupt conduct under those regulations is coming up from 22 May 2020). Are readers becoming aware of a serious systemic problem that’s destroying workers targeted by power imbalances in such larger organisations, with a sham of a HR department with policies, procedures and in this case, an entire Directorate dedicated to the organisation’s Identity and Mission? Why so complicated with multiple options, and waste of money, given the abuse of power and collusion across organisations, that I uncovered? I’ll say suspected collusion, until all this is legitimately investigated as a matter of public interest.

We are hardworking taxpayers, that are being destroyed by the government with our own tax contribution, given with our blood, sweat and tears! It’s in the public interest to reform the system and enforce compliance on unethical conduct in organisations, in a straightforward and efficient manner, and start protecting employees from psychological violence!

This post is based on documents 21-22. It displays coercion, withholding information, vexatious and malicious actions such as gaslighting and false information, as adverse action for requesting generally protected workplace rights. It’s also the start of exposing collusion with a corrupt “practitioner” as discrimination, fraud and medical malpractice. HR, that includes a dedicated WHS unit, engages 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