I’m specifically directing these questions to the Senior Executive Group:
The Organisation’s Mission and Values
1. How do you, as an individual, live out the mission of the organisation in your work?
2. How did the handling of this grievance align to the organisation’s mission on acting in truth and love, commitment to the dignity of the human person and the common good?
3. How was the equity and wellbeing of me, as a staff member, demonstrated in the actions taken to resolve a grievance of bullying?
4. How did your actions represent who the organisation is, as a community, in terms of mission and values?
5. The values promoted publicly claim that in talking about the dignity of the human person in the mission, it refers to the whole person: physical, mental, social, and spiritual wellbeing matters, according to the organisation’s values. The organisation’s leaders recognise that the human person is spiritual and opportunities are provided to explore this through events organised through campus ministry. Why was I denied my right to attend a staff spiritual retreat in mid-November 2019? Why was I isolated?
6. I raised a serious grievance needing your support in the goal to foster an inclusive and respectful work environment, for myself and for the team I manage as well as serve. However, I suffered even more discrimination and harassment for having raised this serious grievance. Why?
7. I became SLC based on merit. How can you claim and justify my being unfit to do my job? Did you meet with me to listen to my grievance and offer support and guidance, to ensure psychosocial safety in my work environment, so I could successfully do my job? The Equal Opportunity Policy states that the organisation will endeavour to promote an environment that is free from unlawful discrimination and harassment. Then why as I discriminated against, singled out and treated unjustly and unfairly?
8. The public webpage also states a personal commitment from all to “respect others and not cause them distress, discomfort and/ or disadvantage”. Why then, did you ignore my attempts to communicate to you regarding how you made me feel? You added to my distress, discomfort and I felt deliberately disadvantaged through repeated unlawful and unethical coercion attempts, without clear and valid reasons why. I was denied my human and employee rights and I was ignored in my requests to meet to discuss my grievance based on the organisation’s policies and procedures. I was deliberately isolated and excluded to disadvantage me. The gaslighting tactics and privacy invasions were used by organisational leaders who abused power by copying and pasting a clause in the EA in letters, to deliberately distress me and aggressively bully me into something that was illegal and unethical. Why did leaders engage in such unlawful adverse action for my requesting a safe work environment?
Workplace Bullying Policy and Procedures
9. Why was the Workplace Bullying Policy and Procedures not followed as soon as I raised my serious grievance and complaint against a manager?
10. Clauses 3.4 and 3.5 state that all staff have a right to use the procedures in the document if they believe they have experienced bullying that can be dealt with under these procedures. You didn’t listen to my initial complaint and did not follow these procedures. You repeatedly ignored my complaint and denied my rights, which are clearly outlined in this document. Why?
11. Clause 4.2 states: “The University will apply this policy and procedure for dealing with complaints of workplace bullying. Any disputes in relation to such procedures are to be managed in accordance with the relevant Workplace Health and Safety Legislation of that State and are not subject to the dispute resolution provisions of the Agreement”.
Why did the WHS unit engage in multiple breaches of the WHS Act 2011 (NSW), in my case, for ironically raising a WHS issue pertaining to serious psychosocial hazards in the workplace?
12. Clause 5.1 states: “Bullying is defined as repeated and unreasonable behaviour directed towards a person that creates a risk to health, safety and well-being. It includes behaviour that intimidates, offends, degrades or humiliates another person.” Instead of supporting me to address the initial grievance of workplace bullying, HR continued to take actions and make decisions to offend, intimidate, degrade and humiliate me. The examples of bullying by HR included (and have records of all this):
• Intimidation;
• Excluding or isolating people from workplace activities;
• Undermining responsibility;
• Withholding information essential to do a task properly;
• Making threats or comments about job security without foundation;
13. I attempted to do what is outlined in the procedures. Why were they not followed by HR?
14. Why have you ignored my request for an advocate or staff representative as outlined in 7.1? Also, how do you justify your management and handling of my complaint, that I view, was against 7.2? “A person must not victimise or otherwise subject another person to detrimental action as a consequence of that person raising, providing information about, or otherwise being involved in the resolution of a complaint under this policy and procedure”.
15. I was excluded, deliberately isolated and unsupported. I felt further discrimination, harassment and bullying by the actions taken to “manage” my grievance, to which the actual grievance in relation to the organisation’s Workplace bullying policy and procedures, was not addressed at all. How do you justify your actions as being in line with the organisation’s commitment to providing a working environment free from discrimination, harassment and bullying that is a supportive and inclusive environment for everyone?
16. I relied on HR to inform and guide me accordingly in the process that failed to be informally resolved directly with both the person I had the grievance with and her manager. Direct bullying is capable of causing a person to feel humiliated, offended, intimidated, threatened, undermined and ostracised. Eg. spreading rumours or innuendo about someone; intimidation; and unjustified criticism or complaints. Indirect bullying includes deliberately denying access to information, consultation or resources. HR also did this toward me, exacerbating the distressing emotions I already felt from years of bullying and gaslighting from the person I raised a grievance against. Why did higher authorities in the organisation allow this reckless and wilful misconduct to happen? Why were there further reckless actions rather than finally just complying with the WHS regulations and the organisation’s legal obligations and duty of care, to all stakeholders - staff, students, alumni, families and community members generally?
Supervisor’s Guide for Dealing with Discrimination, Harassment and Bullying
17. Are supervisors and managers familiar with the organisation’s guide for Dealing with Discrimination, Harassment and Bullying? Section 2: “Discrimination, Harassment and Bullying are unlawful and are not tolerated at [the University]. It is fundamental to [the University’s] Mission that we recognise and value the diversity of others, and ensure that the workplace and learning environment are free from discrimination, harassment and bullying. [The University’s] Mission provides clarity about who we are as an employer and our normal expectations of each other. A safe, harmonious, respectful, inclusive work environment also contributes significantly to the University’s achievement of a culture of performance excellence”. Why did you make a decision to not set an example of applying and supporting [the University’s] philosophy by putting its policies and procedures in practice? Does this not place the organisation at risk of litigation that could tarnish its reputation?
You should know the law regarding this, as stated in the policies and procedures: “The University is empowered by Federal and State legislation to take action to ensure that the workplace is free from Discrimination, Harassment and Bullying and has developed policies and procedures based on the legislation. Under anti-discrimination and Work Health and Safety legislation, a supervisor can be held financially responsible if they don’t take action to address these issues when they become aware of them. In addition, the implementation of the anti-bullying component of the Fair Work Amendment Act 2013 means that the University as the employer, and individual staff members and supervisors, can be served with an order to stop bullying, which may become a matter of public record. In implementing these provisions, the Fair Work Commission has determined that it has the scope to consider the past behaviour of staff and/or supervisors, i.e. behaviour in the workplace which occurred before 1 January 2014. Consideration of the parties’ past behaviour is likely to occur when the Commission is deciding whether or not to issue an order to stop bullying behaviour”.
(NOTE: Ultimately, it was the National Manager of Employment Relations and SAFETY that engaged in psychological violence as adverse action. Given I later identified undisclosed conflicts of interest within the Fair Work Commission, it was set up to “appear” like corporate governance and the organisation upheld the Mission and complied with policies, regulations and laws, while actually engaging in an undercurrent of “aggressive” adverse action, ensuring there was zero procedural fairness. As for natural justice, that issue will be blogged about in later posts.
For now, know this: a Stop Bullying Order application was guaranteed to be denied, given the unethical alliances formed by certain individuals, namely the “medical practitioner” Deepinder Miller and the corporate psychopath introduced in the previous post, the National manager of employment relations and safety. I still hadn’t discovered the undisclosed conflict of interest within the Fair Work Commission at this stage of my thriller story of abuse of power. That’s coming up later).
“Other behaviour that is against the law includes: Victimisation of a person because they have made a complaint, agreed to be witness” (section 3). In this document is also stated that “Unlawful reasons include carers or family responsibilities. Unlawful harassment includes asking intrusive questions about someone’s personal life”. Section 4 of this framework outlines the University’s “duty of care to ensure the health, safety and wellbeing of staff, students and visitors. This means that all reasonable steps to prevent harassment, discrimination and bullying in the workplace need to be taken. [The University] is therefore required to actively implement precautionary measures such as policies, procedures and training to minimise the risk occurring”. Did my manager understand her responsibilities, as a manager, and what constitutes as bullying? What about the HR Directorate, victimising me even more, after I finally made a complaint, as evidenced in my emails to this unit? What about the senior executive group, as evidenced by my emails to governance?
18. Since an informal process for dealing with the grievance locally by my manager and her manager was unsuccessful, why didn’t you take my grievance seriously and investigate accordingly?
19. In section 5, Resolution of issues, the document states that early intervention and prevention is important: “While all staff members have a responsibility to address issues of discrimination, harassment and bullying, supervisors and managers have a special responsibility to inform staff members when their behaviour may be in breach of policies, and address any potential issues at the earliest opportunity. The outcome of early action is a safe and harmonious workplace that potentially avoids more formal processes in the future. The observation or experience of behaviour that is unacceptable is all a supervisor or manager requires to start dealing with an issue. There does not need to be a complaint made for this to occur”. Why did library management not take on this zero tolerance approach from the start? Or at least, from the moment I informed the Associate Director, Client Services, that I felt emotionally unsafe under the management style of my manager? I needed agreed boundaries to do my work safely, respectfully and with dignity. I was being bullied to harass and discriminate some of my direct reports, and I refused to do so! So again, I ask: Why am I being persecuted for applying the University Mission, staff code of conduct, policies and procedures that comply with laws and ethics, that are boasted about by senior executive leaders, but who choose not to apply them in practice?
20. The following principles for managing discrimination, harassment and bullying issues in the framework were not followed in my case and with my grievance: “Grievances are addressed sensitively, promptly and in accordance with the principles of natural justice; All reasonable steps are taken to respect the confidentiality of the people involved; Fairness and impartiality prevail throughout the appropriate resolution process; Staff members who raise an issue are protected from victimisation or reprisal”. Again, why was this not applied? Why is illegal adverse action common in organisational behaviour, as a way of “handling” serious workplace complaints? Why do multiple workplace regulators allow it, both Federal and State? It’s not a fair playbook, to begin with, as I proved.
21. Section 5.2 continued: “Arrange to meet with the complainant at the earliest opportunity to clarify the grievance”. Why did this not happen in my case, even when I asked repeatedly that I wanted a meeting to discuss my grievance with HR since I did this with the manager’s manager, the Associate Director at the local level, and a fair outcome did not prevail for me? Actually she took it upon herself to fob me off to HR without speaking with me about it first.
22. Section 5.2 continued: “Once you have spoken to both parties, assess what you have heard and any other evidence received to make an evaluation as to whether the matter can be resolved at the local level. (So the Associate Director at the local level, did NOTHING to resolve this. Agreed boundaries would have resolved the issue at a “local level”.) Explore common ground between the parties that would assist them to reach a resolution. This involves: understanding what the common ground is - are the parties willing to reach a resolution; recognising what both parties want as a resolution; is it possible to achieve the desired outcomes? Is it a reasonable outcome to the complaint; Providing information about the formal process, so they are aware that the outcomes from a formal process may not be beneficial to the parties. Both parties will need to agree to the method of resolution, and once agreement has been reached the matter should be enacted and promptly documented. Meetings and interviews with all parties should be documented including details of who attended, action taken to respond to the issue (outcomes) and any further action required”. I asked for another meeting and clearly requested it all be documented this time. The meeting on 2nd October 2019 didn’t achieve anything and no minutes were taken. WHY DID HR REFUSE TO DOCUMENT THE MEETINGS? Why was I ignored and HR chose illegal adverse action at a frightening new level of harassment, discrimination and bullying, violating the organisation’s policies and procedures? I put everything in writing in emails. It was always a relentless retaliatory response from the HR associate director and then the national manager of employment relations and SAFETY. As a qualified information manager, I made sure to keep a system of filing documents of EVERYTHING.
Discrimination and Harassment Policy
23. Discrimination due to carer/ family responsibilities and at times of illness/ disability (5.6). What I experienced was discrimination.
24. Unlawful harassment includes calling me or my family in our private home, at times of illness, to interrogate with intrusive questions why I am sick when I was fine the other day; call for a work-related matter when I had pneumonia; remind me of my obligation to the organisation when I needed to take carers leave; and then later informing me my family is affecting my work. The manager also bullied me to harass my direct reports in the same way (section 6). Is this the justification that all parties have chosen to label me as possibly “unfit” to manage? Do you consider my manager’s managerial style one that applies ethical practices? What about those in the HR directorate? What does all this say about the senior executive leaders in the organisation?
25. Managers and HR have a responsibility to protect staff from such discrimination when it is reported. Why did they continue to discriminate and harass me in a way to intimidate and victimise me further and not meet with me to address my complaints? They underestimated and insulted not only my strength but my intelligence. In both cases I am extremely offended and felt discriminated against, victimised further, and harassed with deliberate intentions to intimidate me so I go away, either to cover up their own negligence, or you are now aware that senior leaders were, in fact, a liability, and possibly other cruel and unlawful motives. 12.2 - “A person must not victimise or otherwise subject another person to detrimental action as a consequence of that person raising, providing information about, or otherwise being involved in the resolution of a complaint”.
Work Health and Safety, and Wellbeing (WHS&W) Policy
26. The WHS&W Policy states that the university is committed to eliminating work-related injury and illness. Really? I tried to communicate with management to meet and discuss my grievance and provide what I deem as respectful boundaries and positive outcomes (every employees’ rights) and you (including governance) deliberately ignored me and continued to make me feel isolated and harassed with the same unjustified letter. Why? I wasn’t ill, I was injured from years of tolerating bullying. I was excluded from discussions and there was repeated refusal to respectfully listen to my needs. I’ve documented the evidence of institutional gaslighting.
Staff Complaints Management Policy and Procedure
27. The Staff Complaints Management Policy and Procedure 5.3.2 mentions the person who made the complaint is protected from victimisation or reprisal. And 6.2 - A person must not victimise or otherwise subject another person to detrimental action as a consequence of that person raising, providing information about, or otherwise being involved in the resolution of a complaint under these procedures. Then why did senior executives do this? Where was the protection from victimisation and reprisal and severe detrimental action (including tortuous and criminal offences - the fraud, yet to come in my story, is a crime!)
Alternate Dispute Resolution mechanism
28. I requested an alternate dispute resolution mechanism as yet another reasonable attempt. I initially asked for mediation but I relied on your advice and communication to inform me of the most appropriate ADR mechanism for this case. You continued to ignore me. I now request a fair resolution and agreed outcomes. I was trying to be reasonable and assert my rights REPEATEDLY. It is [the University] that made the decision to victimise and discriminate me further, causing additional health injuries by not applying its own policies and procedures.
(I request an honest and legitimate return to work plan with a caring and compliant team of professionals. The university have a legal obligation to cooperate in the implementation of the injury management plan agreement!)
29. I expect a fair outcome. Let readers now be my witness. It’s a publicly funded institution, the public are stakeholders. I tried every reasonable attempt, and I’ve had enough. Given the negligence, continued victimisation and harassment against me by HR, that is against what the organisation promotes to society, I expect a commitment to the dignity of the human person in action (my dignity and my family’s), respect, and to be engaged in outcomes. That will now include compensation for the escalated psychological and physical injuries caused. First and foremost, however, I expect restitution for years of financial damage the crime of workers compensation fraud by a self-insured employer caused, as an extreme level of adverse action. I expect SIRA NSW and SafeWork NSW to finally do their jobs as the regulators with power to enforce compliance and punishment where warranted. HR did not:
a. Implement their own policies that deal with allegations of bullying and grievances I raised (this was completely ignored);
b. Conduct proper (and transparent) investigations in relation to bullying allegations;
c. Identify potential risks;
d. Identify and implement control measures appropriate to the risk.
31. There was no preliminary assessment of the complaint or investigation, in addition to being subjected to further victimisation and reprisal action. Hence why this is now subject to breach of policies and laws and potential compensation for negligence.
32. Grievance procedures should have been applied in my initial complaint that I raised with the Associate Director in my directorate. Then HR failed to take action to deal with the matter once they were put on notice of it. Managerial mistreatment toward me has included: unjustified blame and humiliation, belittling of my concerns by not addressing them and isolating me. Nothing has been communicated to me, no recommendations regarding a resolution to my bullying complaint. The grievance has not been handled in a timely manner, I was taunted for over a year (NOTE: now years of psychological violence and institutional gaslighting, as well as fraud, privacy invasions and using a carrier to menace, stalk, intimidate, intercept, block and harass) and the initial issue has not been addressed at all. My employer failed to respond to my complaint.
NOTE : This is based on the policies, procedures and guidelines as of March 2020. Although in my records I’ve included it later as document 65, given my previous post, and the fact that I drafted the questions, based on the policies, at the time of that “meeting” on 9 March 2020, it was a good place in my story to blog about it.
Because any reasonable attempt I made or recommended, was refused. I’ve begged for the ostracism, mobbing, psychosocial hazards, psychological violence, isolation and institutional gaslighting to stop. I begged the NTEU, NSW Police, an APVO attempt and SafeWork NSW to intervene and finally make it STOP. THIS IS SYSTEMIC FAILURE AND NEGLIGENCE AND MORE.
So my readers are my support network, my witnesses to hold these agencies accountable, especially the regulators, to KEEP US SAFE IN OUR WORKPLACES. ENOUGH IS ENOUGH.