Employment lawyer #3 - Part 2 - 2020

On 24 April 2020, that HR director fobbed off my lawyer to the offender / perpetrator of harm as introduced in that grossly reckless “meeting” on 9 March 2020 : the corporate psychopath employed as a national manager of employment relations and SAFETY! 

In reviewing the email from my lawyer, she actually spoke with this psycho on the phone. That “safety manager” spoke about the bullshit ongoing dispute under the Enterprise Agreement, and wanted to know whether I wanted to proceed with the dispute. 

THIS IS WHY EMPLOYMENT LAWYERS NEED TO GET THEIR ACT TOGETHER AND REALLY RESPECT AND LISTEN TO THEIR CLIENTS REGARDING GASLIGHTING TACTICS AND INVASIONS OF PRIVACY TO CAUSE HARM, AND NOT GIVE MORE AMMUNITION TO CORRUPT “LEARNED FRIENDS” TO THEN FIRE AT THEIR OWN CLIENT!!!! 

As I wrote in the previous post, the letter sent to the dismissive HR director, was partially inaccurate. But it was very serious inaccuracy. It emboldened the psycho safety manager to continue her offences. 

In my correspondence with my legal representative, I wrote, “I attach the correspondence when I had said once to [that HR associate director], "since you're using sick leave against me, and I can't return until this issue is resolved, I will apply for annual leave in January 2020". They refused to approve my annual leave, forcing me back to my GP for another medical certificate. They ordered me to stay on sick leave, and as I had said in the first email to you, they have directed, through me, that my GP continue to provide medical certificates. They forced me to use so much personal leave, if I genuinely needed this leave in the future, I won't have any. They are trying to slip out of their negligence. I seriously want all my personal leave re-credited from mid-August when the formal complaint was submitted. I'll draw out all my relevant records that show the evidence of my genuine attempts and their sick responses. I am considering applying for annual leave (I have exceeded the amount - so to their benefit that I take some). Let's see what they do. How dare she patronise me and give me unsolicited advice when I am not incapacitated at all!” 

I also wrote:

“I had enlisted the services of another employment lawyer from January 2020. I appreciate my former lawyer’s work, especially the preparation of the formal legal letter sent that outlined the chronology of events and listed what [the university] failed to do. However I realised she had inexperience with dispute resolution meetings and thinking quickly with any deliberate “tactics” thrown at her. I need this resolved with a fair outcome so I can return to my job. I had said to both Library management and HR, I just wanted to do my job with dignity, in a safe environment, with a clear and realistic workload and good communication. Any logical attempt I made to resolve this has been ignored and I was taunted and harassed.

I attach two documents for you and the legal team to be prepared for what [the safety manager] may start defending. One document are my notes of what took place in what was described as a dispute resolution, but wasn't. The other is the entire communication in text messages that I had sent to the staff campus minister, where I was not informed or gave permission for my private communication … to be handed over to HR. Please read my description of what happened.

…Given that not only my privacy was violated and I left a meeting feeling not only unsafe to work, but so distressed, I felt unsafe to leave my home, the privacy of my family has also been violated and I will not stand for this harassment any more…

Please help end this adverse action taken against me as soon as I reported the bullying formally. I'm finally getting my wellbeing on track and I can't let these people do the exact opposite of all their policies and procedures and mission and values.

And now I apologise for the rant. I am greatly disturbed and disgusted at the extreme lengths these people will go to and where they prefer to use the organisation's money, than to ensure I continue to work productively as I always had, in a safe work environment. Hence why I am very skeptical about how independent and transparent the investigation into my bullying claims will be.”

In another email to my legal representative, in this compilation of records, I wrote:

“I became so afraid and sick, I felt paralysed and couldn’t even get out of bed from the shock and fear of constant harassment, violation and isolated like a criminal. It’s that feeling like someone’s bugged your home and is watching your every move. I need you to know all this because the only word I can use is “creepy.” I don’t want to meet with these women again. If they’re not going to be fair and reasonable (and ethical in my view), I have to apply for a protections order.”

(NOTE: I meant a stop bullying order. I was confusing generally protected workplace rights with the application for an order to stop bullying. But it’s evident of the power plays, gaslighting and power in who has the knowledge in this “process” and who does not. Now I know, because I’m not harassed, relentlessly taunted and stalked and gaslit by that psycho national manager of employment relations and safety appointed by VC#3. Given the connection to politicians and fellow learned friends in the legal profession, including ones appointed as a Vice President in the Fair Work Commission, and a public case file that proves it, a stop bullying order would have been a waste of time and money. NO ONE PROTECTS WORKERS IN WORKPLACE ABUSE). 

“I will say this to you. My parents came as migrants, sacrificed their own dreams for a better future for their children. We respected and valued what they did for us. We acquired multiple degrees and have a strong work ethic. Please help stop these bullies. I think of my dad who did die by suicide (all the more reason what they’re doing is immoral, knowing their accusations deliberately distress me), and for my mum. She’s been through enough. She says she didn’t raise two kids with values and to respect everyone equally, to have integrity in all they do, and to end up being treated like this.

I add this as a personal reason to understand why it’s about human value and dignity. I’ve exhausted every possibility for now, but goodness knows what they’re capable of.”

This communication was between 24 April - 29 April 2020. 

HR would now proceed to defraud me of all my accumulated annual and long service leave entitlements, while continuing to harass, mob and withhold further benefits from me, this time breaching worker’s compensation regulations (coming up - I still hadn’t made a claim. I was exhausting every reasonable avenue to resolve a bullying, discrimination and harassment complaint as PER POLICIES AND PROCEDURES AND WHS REGULATIONS AND LAWS). 

On 4 May 2020 - yet another formal letter from my legal representative, this time the to corporate psychopath, the national manager of employment relations and SAFETY, at a university committed to the dignity of the human person and common good, in its mission. 

I emphasise the following points in the letter:

“1. Our client has raised a number of complaints … Disappointingly, it appears that these serious complaints were never investigated and merely ignored.

2. We do not wish to further ventilate these complaints, however for the sake of clarity, the formal complaint lodged by our client on 15 August 2019 dealt with a number of our client’s concerns. The concerns raised by our client have not been dealt with or investigated.

3. The dispute resolution process that took place on 9 March 2020 did not involve discussions about our client’s return to work but rather a direction to undertake an IMA. We are finding it very hard to ascertain on what basis our client is being directed to undertake an IMA when her treating medical practitioner has confirmed that she is fit to return to work and fulfil her duties. Our client has provided a number of clearance certificates declaring that she is fit for work. On that basis our client has elected not to proceed with the dispute resolution process.

4. Our client feels that she has been bullied for the following reasons:

… The University has a responsibility to take all reasonable steps to ensure the workplace is free from bullying. This obligation by the University has not been discharged.

The investigations have caused our client to feel anxious, stressed and humiliated amongst her colleagues.

There have been no efforts by the University to engage with our client about her return to work.

The University has not shown any interest in ensuring that a safe workplace is provided despite our client raising a number of serious allegations.

5. The University’s actions thus far have created an unsafe workplace for our client. Accordingly, our client feels that the Department have not discharged their obligations in accordance with the Work Health and Safety Act 2011 (NSW).”

The second part of the letter includes: 

 “The accumulation of the above, has meant that our client has been away from her primary duties for an extended period of time which has resulted in excessive leave... our client has been denied the opportunity to return to work...We also demand that our client’s used leave is recredited back to her …”.

(NOTE: This still stands. NON-NEGOTIABLE. IT IS THEFT. EVERYTHING STOLEN BY THE “LEADERS” OF THIS UNIVERSITY ARE TO BE RETURNED TO ITS RIGHTFUL OWNER. Imagine if I had committed this crime of theft against them. The laws apply to ALL). 

Third part was yet another reasonable request attempt:

“Moving Forward

9. We request that our client’s complaint of 15 August 2019 be investigated by an external third party.

10. We also request that you write to us before 05:00pm Friday, 08 May 2020 confirming the following:

The details of the investigator and the decision maker;

The steps that will be taken by the University our client’s concerns;

The steps that will be taken by the University to ensure a safe workplace;”

(NOTE: Still waiting for those steps). 

“Provide us with a redacted copy of the investigation report. We expect that only the names of witnesses will be redacted.”

It is now that it gets “interesting”, as the exposure of a network of “strategic alliances” in corrupt conduct becomes evident. ALL DOCUMENTED AND CAPTURED. 

The reply from that psycho was very disturbing beyond distressing. She is a very disturbed person and my requests for her to stay away from me and my family were ignored for too long thereafter, even by the National Tertiary Education Union, the NSW Police, the registrar at Sutherland local court in my attempt at an APVO as per advice from police and Law Access, and finally, from the very regulator itself : SafeWork NSW. 

Who was apparently the decision maker? The now vice-chancellor of this university with a mission and commitment to social justice principles, like no other university, in Australia. He is on a $1,000,000 salary. Should he even be the VC of a university? 

This post is based on documents 43-44. It displays adverse action for requesting generally protected workplace rights, discrimination, deception, malicious, vexatious and reckless 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.