We recently got a new branch manager, back in april.. this man is a workplace bully, we have been forced to endure abusive language, e.g. (**** off, your ******, I dont have to do ******* jack **** mate in relation to OH&S Issues) deliberate disregard of OH&S Issues, forced to work overtime, threatened chances for promotion, threats that we will be sacked and out the gate singing for our supper, and threatened with physical violence by this man. After writing letters through what was thought to be the appropriate channels, nothing had been done to stop this. I also stated in these letters I was now on medication due to workplace related stress etc.. This man is also a liar, which can be exposed by presenting video evidence. This man knows I wrote letters about him and went out of his way to Persecute, Harass, Bully, Victimise, and Discriminate against me. I was just fired & I firmly believe his actions constitute violations of the company's policies and procedures, what should I do?
2007-10-18 04:28:23 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I'm assuming that you're in Australia as that's where your question was posted.
Your employer certainly has a duty of care to you in maintaining a safe workplace - if you were injured on the job as a result of their negligence you could sue. If you weren't injured you couldn't however you could report them to Workcover/Worksafe and they'll investigate your claims and your former employer could be charged criminally and receive large fines.
You could also report the bullying and harrassment to Workcover - if your claim can be proven all your medical expenses (such as medication, counselling etc) should be covered. He may also be charged.
In relation to what you believe to be unfair dismissal - I'd definitely reccommend you seek legal advice. If you're a member of the union they will be able to provide you with advice for free. Although it sounds like you definitely have a case on the facts you provided, it is possible the workplace will try and cover this up and come up with a bogus reason for sacking you. Not to mention I obviously don't know the full story.
You could possibly also persue civil action against your manager for battery, assault (you mentioned physical violence) and perhaps even negligence (if you consequently suffered damage such as depression). Of course, like all things you will need to be able to prove it. It is also important to keep in mind that legal action can be very expensive and time-consuming - sometimes it is better to just cut your losses and move on.
What I would reccommend is firstly if you're a member of the union talk to them - they'll offer free advice. Give Workcover/Worksafe a call and explain the situation - see if you could put in a claim and whether they will investigate the OHS issues. Finally if you would like to pursue civil action contact a lawyer in your area and seek advice.
Good luck!
2007-10-18 21:53:47 · answer #1 · answered by xxalmostfamous1987xx 5 · 0⤊ 0⤋
I would be seeking legal advise. By what you are saying, you have a case. Did you ring someone from OH&S and did you have a liason person that could deal with this. If he was only the manager then you could have gone and seen the big boss to deal with this. If you found that this didnt work then you may have been able to go higher again. If nothing was done by any of the people. You could possibly be able to sue the company. This ex boss of yours needs to be sacked, because has no buisness being a manager if he has complete disregard to OH&S regs, and complete disrepect to his workers. Good Luck and not all bosses are like this pig!
2007-10-18 13:45:49 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If you are in the UK, the employer has the duty to employ proper and competent employee and ensure the safety and well-being of their employee during the course of employment. They will be responsible for any harm caused by an incompetent employee and this includes harm to other employees. From the facts that you have given, you may bring a law suit against your employer because the new branch manager employed by him or her has caused harm to you during work that resulted in you to suffer stress, which need to be treated by medication, however this depends on whether the stress that you suffered is a psychological harm that is recognised in law.
In relation to your dismissal, as you did not mention the reason of your dismissal, I cannot help you on this point, but I can recommend some legal webstie for you to seek legal aid if you are in the uk.
Solicitor’s Pro Bono Group-www.probonogroup.org.uk
Bar Pro Bono Group-www.barprobono.org.uk
Pro Bono UK-www.probonouk.net
2007-10-18 04:47:54 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Not sure where you live (isn't the U.S. evidently) but there are laws about workplace behavior and civil laws covering threatening. Check with an attorney. You could become an owner of the company.
2007-10-18 04:44:09 · answer #4 · answered by sensible_man 7 · 0⤊ 0⤋
It relies upon on your state, each and every state has its very own regulation, plus the corporate has to instruct it with a sturdy information, which comprise secure practices cameras, and different witnesses, often that's a protracted technique, and many employers would not bypass that a techniques with the technique. do no longer difficulty, tell your chum that our regulation protects the criminals.
2016-10-04 02:21:58 · answer #5 · answered by ? 4 · 0⤊ 0⤋
of course....the process is long and drawn out but very much do able. contact your local judiciary center and inquire more details on how to file the necessary paperwork. the clerk of the courts in your jurisdiction is who you would have to contact for more advise on this issue,
2007-10-18 04:57:37 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Yes you should definatly look into it. You win case of unfair dismisal for sure
2007-10-18 04:32:50 · answer #7 · answered by Edmund M 2 · 0⤊ 1⤋