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The Forum > General Discussion > bullying and harassment in the workplace should be a criminal offence

bullying and harassment in the workplace should be a criminal offence

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Dear Antonios,

Industrial Relations is a complex issue. And as you point out,
complaints don't always succeed. However, there have been cases
where they have succeeded. Where there was strong support from
other staff members (they backed the victimized staff member), and
strong union support, backed by a legal team.

The fact remains that there are laws in place. It is a matter of
gathering evidence and getting the right legal advice. Nobody
should have to put up with harrassment and bullying at work.
It takes courage to go up against any employer or immediate department
head. However the employee does have a choice. Lodge a complaint or
leave. Often the organisation may not be aware of what a supervisor is
doing. The chances also could be that it may not be the only complaint that the organisation receives about that particular person. The more complaints they receive, the stronger the case against that person will be.

Once a complaint has been received, the organisation can no longer
ignore matters. They have to investigate a complaint. Otherwise they are in breach of the law, which in itself is an offense.
Most organisations value their reputations so they will look into
any complaint that is made against any member of their Administrative
Staff.

My advice to any staff member undergoing harrassment or bullying at
work is seek legal help and find out if you do have a case.
Posted by Foxy, Monday, 2 February 2009 1:47:00 PM
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"Once a complaint has been received, the organisation can no longer ignore matters. They have to investigate a complaint. Otherwise they are in breach of the law, which in itself is an offense."

That's not always the case, Foxy.

For example, defence force veterans have been hollering for years for compo for diseases that have been brought on by the actions/decisions of their commanders. What has happened to them is about as bad as can happen. Yet, they are still ignored. It all come down to risk for the organisation concerned versus how strong they are relative to everyone else. Sorry, but evolutionary Darwinism is still well and truly alive.
Posted by RobP, Monday, 2 February 2009 2:28:40 PM
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RobP,

I guess I do live on another planet as Antonios
suggested.

I had totally forgotten about the Defense Forces.
I now remember - the many cases of bullying that
occurred of both males and females in the armed forces
with little action being taken.

Thanks for reminding me.
Posted by Foxy, Monday, 2 February 2009 6:16:30 PM
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Wow...thanks everyone
All of your comments have been taken onboard. Unfortunately some of the legal things we do continue the victimisation way beyond any workplace. The role models we would like to think are behaving correctly are often the in depth culture of all of those workplace mobbing actions...politicians, govt.departments
yvon52
Posted by yvon52, Monday, 2 February 2009 7:49:54 PM
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i thought it already was as their have been court cases won about being bullied , remember the school boy who got over a million dollars pay out by the courts because he got bullied at school and couldn't be back ever again,

their have also been cases of the work force in the courts and have won

bulling has been around for many many years we all know that ,and still continues ,as every thing ,

their is still abuse to children thats bulling

i could go on

the law works for only those who the judge feels fit to except in a case to win , and a persons past ,

bulling is every where so the law should cover everything

see the thing with our laws they are not been applied and are being relaxed and have been for far too long ,

its just like when say a job postion is up for grabs in the same work enforcement and a employee applies for it but they end up employing someone who has never did that job before gets it, then the person underneath has to show that person what to do, i would call that bulling becuase if the person denies to help they end up in the shet,and this is another form of bulling

yes it should be a criminal offence

it should be a criminal offence every time they change the members of parliment portfolio, the people of australia should be voting these people into these jobs not just the premier or the prime minister they have to re read how the job discrption works

before long it will be a crime to back answer your child or tell them what to do we are not allowed to smack a child correct
Posted by huffnpuff, Monday, 2 February 2009 9:08:56 PM
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Foxy good news
U.S. President Barack Obama signed legislation into law Thursday making it easier for employees to sue for wage discrimination, a measure he said is an important step toward "fundamental fairness" for U.S. workers.
Under the new law, employees can sue six months after the last paycheck they receive that is less than other employees at their level.

http://money.cnn.com/news/newsfeeds/articles/djf500/200901291333DOWJONESDJONLINE000757_FORTUNE5.htm
Posted by ASymeonakis, Tuesday, 3 February 2009 2:08:26 AM
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