Discrimination in the workplace - to complain or not?

Hi @Former-Member

For some reason I hadnt seen this thread before.

I'm a HR manager and infact in the same boat as you. Probably wondering how a HR manager can be bullied etc, the owners here are stuck in the world of yesteryear where taking sick days is just for the weak, being nice to employees and helping them with mental health issues they feel is none of their responsiblity (when I have tried to help others here I have been told its not my job??), I have seen them focus on one person and make their life so intolerable that they leave and now its my turn which I believe started when I stuck up for an employee who was being bullied by his supervisor. The male owner stated in a management meeting that this employee was just weak, and should stop acting like a princess and grow some balls - when I debated this comment and said you cant do that and referred to legislation his answer was -"I'm the owner and I cant do whatever I like its just a function of how money to pay a lawyer!" Now they have turned on me, apparently I'm over professional, overdo my job, help employees too much and was actually told I should be nice in my own time! Unfortunately I'm stuck here in SA not much work around in my area and for my own mental health wellbeing I know lots of driving to work and back doesnt help me, I need sleep and at the moment I have my perfect job in a way except for the owners and my direct boss. Apart of me too doesnt want to leave just so I can shove it up them, they cant sack me for anything as they havent done and are putting off my performance review, Part of this is becuase I covered myself in my self assessment. All these points they said were negatives when I asked for actual expamples they couldnt tell me. So I asked and gave them permission to pull me up there and then so I know what I have done wrong and this way I can learn from it. They havent done that once in 18 months, they dont give me any guidance or support to "improve" as they see it. So I put in my self assessment that I'm gathering I have improved in this area as I have had no feed back or support and thats in writing. If they try to sack me they know I know the laws and I can have them for bullying or harrassment which I'm prepared to do if they sack me. In the meantime I'm just trying to stay sane, not letting them know they are getting to me and being stronger than they are and keep lokking for that job.

I can tell you know discrimmination and harrassment and bullying happen all the time in work places but its usually covered up and another method is used to get rid of the person causing waves.

Goodluck

hello @Change123

I went through bullying and harrassment with a senior manager. I won a part of situation and backed off with the next part. I needed to avoid a breakdown as already had trauma in son's life.

I carried on working with my head held up high. Kept quiet when needed and played the game. I honoured my integrity.

Yes we have every right to stand up for ourselves and I always back this strategy. For myself it was a matter of how much more will I gain at the risk of my health as there was just too much going on for me at the time.

Sadly the perpetrators rely on this. Hence bullying and harrassment although addressed in work policies as zero tolerance, is alive and breeding.

Unfortunately these bullies breed and rear little bullies, feed the monsters, who grow up into bigger bullies. Females are just as bad as men if not worse.

If you can continue to stand up for yourself without any detriment to your health, go for it.

@Former-Member

thinking of you, supporting you from afar, look after you

Thanks for your kind words and input @Former-Member @Change123 @Sahara @Former-Member @Barney and anyone I've forgotten. I originally took this job as I had great respect for the clinical staff in this organisation and still do. The reality of what is happening in the corporate part is so radically different, often there is outright contempt for anyone who isn't a senior clinician, i.e someone who brings in the $$$$. Today's meeting there was three of them onto me. I'm so glad my lawyer was with me as they were like piranhas on the attack. Interspersed with condescending and patronising comment about how much they supported me. What a load of crap... Overall not much was achieved as they really don't get it. They just don't see that their behaviour even according to their own policies and procedures is bullying, victimisation and discrimination. As far as they are concerned there is no fault on their part and their defence of someone who is blatantly a bully and a psychopath astounds me. This will be going to court now. I've been on sick leave but I went back this week as my sick leave is getting low but my lawyer has recommended I go on workcover as at least then my employer might realise this serious. I really can't be there, it is so toxic... my mental health is really not at a good point and I know when I'm too unwell to be working. Thanks everyone for you support.

hello @Former-Member

with reference to my previous post I worked in the corporate world.

The upper management did not seem to have to comply with the values that the rest of the "colleagues" had to. Or should I say mere mortals.

Good luck with a very large challenge.

Are you able to research on some feedback re workcover. I know that in some cases workcover caused more problems than the original workplace. Not meaning to be negative or demean all of your hard work. just wanting you to look after you.

take care

Thanks @Former-Member - I've worked in corporate and large healthcare organisations for the last 25 years so I've seen first hand the lack of accountability on the part of management. They just don't get it that this behaviour is not only unacceptable it is also illegal and could end up costing them not only in monetary terms but also in reputational damage. I was actually told I was a nobody. This all started when I declared I had a mental illness, albeit one that never cost me a day off work before all the bullying and discrimination started. Management's response is Lets get rid of the mentally ill person... but keep the alcoholic aggressive manager who is the root cause of the problem. My lawyer has recommended workcover as it will get me paid rather than relying on sick leave while my claim is processed. As I understand it stress claims are notoriously hard to prove but in the interim it allows us to get the court case organised and force them to conciliation. I had so much hope this could resolved today but management and HR just weren't engaged and as far as they are concerned there's nothing to prove and all is fine and dandy in the workplace despite me sitting there shaking with bandaged arms from recent self-harm and being obviously upset. They really don't get it... even my lawyer said that. Thanks again.

Hi @Former-Member,

after reading what you have been through, I have to agree it's best if you don't go back to work there. Go on Workcover and have a good rest. I would guess (un uneducated guess!) that the company will settle this out of court and you should get a great pay-out. Then you can begin to heal.

In the mean-time, please just do things that you love to do and gather support around you. It's terrible what happened to you, but unfortuately, it's all too common.

Take good care of you.

@Former-Member

I'm so sorry to hear you are going through this but I admire your stance and people do really need to fight against this awful system! I am in a similar situation and it is just horrible. I'm reluctant to tell you how horrible as I don't want to put you off - so I'll keep it censored. I have been off work for a long time now. I have been through a similar workcover situation (different insurer) and it has been a horrible process. This has been my experience of what happened to me (although yours might be very different):

• They contacted all my doctors and got my medical notes
• They will probably check if you have any pre-existing health issues - this may be very important for you - they may decide that they will not cover you for a pre-existing issue (e.g MI) that you have not declared to them. I'm not 100% sure how this works but just be prepared that they may check your background
• I was sent (and contine to be sent) for MANY 'Independent' medical exams with psychiatrists who ask intrusive personal questions and it is all very exhausting and very daunting. I think I am up to exam number 6. They will keep going until they get a doctor who will write what they want.
• They may try to get your work colleagues to make complaints against you and ask them everything you ever did or said at work and use it against you. This has been the hardest thing for me how they turned my colleagues against me. People who were my friends were forced into saying things and then it will be twisted (e.g. 'on one occasion she did come in 10 minutes late looking upset' can turn into 'she attends work late and is miserable and upsets others in the workplace etc.).
• They will try to make it all about your performance at work (even if all performance reports were excellent) - see dotpoint above about how things can be twisted.

My claim was successful but it took a very long time and I have received nothing positive at all from the experience. No apology. No work reference for the future. I still have no job. So did I 'win'? I guess so, but what did I 'win'? It certainly has NOT BEEN GOOD for my health in any way.

My wish for you is that you get an apology from them and you are able to quickly move on from this experience and still be able to work and feel positive about yourself. Please keep us informed how you go as I do love to hear about people getting some 'justice' from this broken system. I will be cheering in the background for you!!! Just keep asking yourself - what do I want from this? and aim for that. I will keep my fingers crossed for you x

Hi Dugga, High Achiever here. I have just read this very interesting article from News.com, here is the link.

http://www.news.com.au/finance/work/at-work/workplace-distress-most-bosses-have-no-clue-what-theyre-doing/news-story/b749141c3c3a4b068063be2e986e57ac

You and your lawer are correct, they do not get it. Therfore they are not true leaders!!

The article hits the nail on the head. This article is so very true as it has the utmost relevance to your situation and most definately to my situation. It all starts with true leaders.

Quote; “You can have a mental health issue and be a high performer and achiever but it comes down to support.”

"There’s one thing that most toxic bosses have in common, according to Mr Diaz.

“They’re people who don’t care about or show value for other people,” he said.

“They’re usually emotionally exhausted and can’t go into the space of opening their hearts.

“Some have an attitude of ‘I just don’t care how people react, this is a 9-5 job, so the staff can just do what they’re told’.”

This article made me feel alot better, there are bosses out there who do not know what they are doing!!!!!!!!

Let me know if the link does not work.

Maybe a little fly should send this to your people at work.

Hi @girl99 - thanks for reply. I'm sorry for what you've been through. it's not a path I want to go down but when senior management just can't see what's happening and don't want to reach any conciliation it doesn't leave me with any choice. No one goes to work to get sick or have an existing condition made worse by the treament of others. I've had a lot of professional advice over the past few months and they all agree that this won't get resolved internally. I know the whole purpose of workcover is to get people back to work after an injury but there is no point going back into the same unhealthy workplace. I'm not looking forward to any investigation or intrusive questioning but I have nothing to lose anymore. There has to be change in managment attitudes and that's what I'm asking for (and an apology). Thanks again @girl99 , I hope you find some peace.