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Mahesh Peri and Careers360 stand up to IIPM bullying

admin — Sun, 29 Aug 2010 20:19:13 +0000

In 2005, as a media watcher, I keenly followed the raging battle between Rashmi Bansal of the Jam magazine and IIPM, a big time spender in Indian Media. I watched with horror the bullying that IIPM indulged in and the scandalous blogs that were opened up by IIPM bullies to put down the modesty of a woman, especially in countries like India. And I was indeed pleased by the blogosphere taking up cudgels on behalf of Rashmi and silencing the bullies of IIPM.

History is set to repeat again. The detailed investigation that Careers360 magazine published by Mahesh Peri is now well known. More than 30000 links have opened up based on this article alone. Not one to stop the investigation, the magazine continued the investigation and has exposed IIPM’s fake MBA degree given by IMI, Belgium which acts completely in cohorts with IIPM. They further went ahead and published the report submitted by the registrar of the university of Uttarakhand damning all lies told to students by IIPM. This continued activism by Careers360 wasnt liked by the IIPM and its people including the self proclaimed guru Mr.Arindam Choudhury.

What they came up with is only expected of them. First their dean writes in an editorial published by him about catching a research agency with their pants down. This agency was employed by Outlook a few years back(at least I havent seen any surveys by them after 2005). Then he links them up to Mahesh Peri and draws a conclusion which is foolish and ridiculous at the same time. It is no co-incidence that the article was published a few days after Careers360 broke their story on the report submitted by the Uttarakhand registrar with scanned copies of the report(in Hindi) with a few select paragrahs translated into english. As I read the editorial, and re-read it again(knowing the context), I was aghast. The extent to which the magazine published by IIPM(at least funding comes from there as there are no other advertisers but for IIPM and their website is very lowly ranked, meaning it has no readership at all) is apalling. Their sordid saga of lase claims by IIPM have been well doccumented by an international website called www.mba-channel.com

It has also been mentioned by Rashmi Bansal that she has been sued in a court in the north east of india, exactly 5 years after her article has been published. This has also forced her to remove her article from the web, though genuine and true. However I see Careers360 still carrying the article on their website. http://www.careers360.com/news/3067-IIPM-Best-only-in-claims More power to them.

If I were Careers360 or Mahesh Peri, this is a clear case of slanderous allegations that can be challenged in any court. I wish they do it then giving in to the bullies of IIPM. I must confess that in America, the investigation done by Careers360 and the proof published by them would have clearly drawn action from the authorities. The complicity between government and industry is well known in India. However, I would like to believe that when it concerns the future of a nation and children, the country would behave in a different way. We also need a lot many supporting this cause, like the senior journalist Vir Sanghvi

http://www.virsanghvi.com/CounterPoint-ArticleDetail.aspx?ID=340

in the meanwhile, I think we need more committed people like Mahesh Peri and magazines like Careers360 to expose the rot in the system than sleep with the enemy of journalim.

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Bullying in the Workplace

admin — Sat, 14 Aug 2010 20:19:11 +0000

An excellent article appeared in Vital Smarts (a newsletter by the authors of Crucial Conversations, and Critical Conversations. I highly recommend it for the Q&A they have every issue. The URL is www.vitalsmarts.com).

An issue or so ago they published a letter from a school administrator who was concerned about what to do with one of their teachers who was a bully. They had heard that several staff were going to leave the school because of this individual, yet when they delved into the situation a bit more, none of the people who were complaining were willing to be quoted. This, the writer, said, made it impossible to coach the bully, or even hold her accountable with factual information about her actions.

I thought their answer (the first part of it) was right on the money, and I’ll share it with you.

“When supervisors presume to expose an erring employee to the scourging experience of long-withheld negative feedback, we must do so with utmost caution. When a community colludes for a long period of time in sustaining someone’s distorted view of themselves, we stand to inflict enormous pain on this person who is suddenly dragged kicking and screaming from the cave into piercing daylight. The experience can ultimately be healthy, but it can also drive someone back into the cave if not handled appropriately.

I say this for two reasons.

First, I’d like all of our readers to think carefully about the active damage we do when we collude with others by withholding negative feedback for a colleague. When we allow colleagues to continue for long periods of time with a distorted image of themselves, we set them up for profound suffering in the long term—not to mention immediate ineffectiveness as they continue their bad habits.

Second, while I have no desire to absolve this teacher of responsibility for her abusive actions, I want to temper the emotion that often accompanies long-withheld feedback. The longer we wait to confront others, the more toxic our emotions become. The other person continues to behave in the same way, but our emotions get hotter and hotter. Why? Our reaction to the first offense is the maximum amount of negative emotion we should attribute to that person. The rest of it that accrues over time is due to our own sellout—our long-standing decision to withhold the honesty we owe others.”The newsletter Q&A then goes on to suggest some steps to be taken to handle the problem.

The point that I thought was so important, but so seldom made, is the “collusion” on the part of others which permits bad behaviour to go on for a long period of time. We train others how to treat us. If we do nothing about the behaviour of others when it negatively impacts us, then we bear some responsibility in having that behaviour continue. As difficult as it may be to read this, the fact is that for every bully who treats people badly, there are victims who allow themselves to be abused.We have all seen or been in this situation. A staff member goes to the boss and complains about a colleague’s behaviour. When asked if s/he had talked with this person to try and resolve the situation, most often the person has not done so. S/he wants the boss to fix it for her/him.

In situations where there is a considerable power differential (the bully is your boss, for example) then there may be no other sensible route to take than to complain to someone who has more power, organizationally, than the bully.

The topic of bullying in the workplace is beginning to appear more frequently with some researchers suggesting that it takes a higher toll, mentally, physically, and for the organization, economically, than anyone had realized.

We have an on-line bullying survey that may be of interest to you if you wish to determine whether bullying is an issue in your organization. Please contact me for further information.

© 2008, Pitsel and Associates Ltd.

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Bullying At School: Parent Action Steps You Need To Know

admin — Thu, 05 Aug 2010 20:17:01 +0000

Creating an effective plan of action to find a solution to your child’s bully problem at school is nearly impossible without some level of involvement by your child’s teacher, the principal, and other members of the school staff. Unfortunately, many parents are very reluctant to make the school aware of this type of problem until serious mental or physical damage has been done to the victimized child. The reasons for this may include incorrect perceptions such as:

Sometimes parents would involve the school except they are unsure of who to talk to or what procedure to follow to get things moving. The following action steps are intended to help clarify this situation for parents.Action Step #1: Speak To The TeacherUpon hearing that your child is being bullied at school, contact your child’s teacher(s) about this problem. They need to know what has happened so they can take the necessary action to monitor the situation and prevent any further incidents. Sure, we teachers are busy, but the well-being and protection of our students is at the top of our list! It is irrelevant how the teacher feels about your child as a person, the bottom line here is that “no child deserves to be bullied”.Action Step #2: Speak To The PrincipalFind out what the school policy is on bullying and if possible, ask for a copy of the document so that you have something in writing. As your child’s advocate, it is important that you know what commitments the school has to keeping your child safe. Often school policy is part of a School District policy towards unacceptable behavior. Ask if the district has a “zero-tolerance” towards bullying. If not, then find out why, as most school districts do promote this now.Action Step #3: Create Action PlanNow that hopefully everyone involved is on the “same page”, it is vital that you work together with the school (your child’s teacher(s), the principal, supervisory staff, etc.) to create an action plan to stop the bullying of your child immediately, then finding ways to prevent it from happening again. This plan of action needs to be in writing and must state the responsibilities of all parties involved, signed by all parties, along with a time line and updates. Otherwise it is too easy for the plan to fall apart when new situations at the school arise or people get busy and forget about protecting your child.

Action Step #4: Stay The CourseIf for some reason you find that the school is not keeping up with their parts of the action plan that was agreed to in writing, feel free to remind the principal. After a reasonable time, if nothing is still being done as promised, then send a copy of the signed action plan to the School Board and School Superintendent, outlining your concerns.Action Step #5: Empower YourselfBelieve it or not, the fact that you are reading this article, means that you are on the road to empowering yourself to help solve your child’s bullying problem and taking steps to prevent such a problem in the future. Most parents have access to a computer and the Internet at home, the library, etc., which means there is no reason today for a parent to feel confused or helpless about what to do if their child is being targeted. The Internet is swamped with websites containing information and tips, offering both free resources and materials for sale.

Your child’s safety and well-being is threatened, so what could be more motivating for you, the parent, than to take the time necessary to find possible solutions to this problem?

Bullying At School: Parent Action Steps You Need To Know is a post from: wordpressrobot.com

Cyber Bullying And Workplace Harassment, Are You Guilty Of It?

admin — Tue, 27 Jul 2010 20:18:49 +0000

I read a very disturbing article in the Herald Sun newspaper yesterday. It had to do with a salesman who claims to have been a victim of cyber bullying. Harassment in the workplace can take many forms but this case is interesting because it was carried out by his boss via email. It is all too easy to fall into that trap as managers. We might be doing it even without realizing it but it’s important to think twice before sending any emails of a disciplinary nature to your staff.

When I read this I was actually quite horrified as this sort of thing has huge implications in Australian Workplace laws and I’m sure it has the same implications in a lot of other countries laws now as well.

Just to give you an idea of some of the emails this worker was sent by his boss: “Now that things are not going your way…..I can offer these words-harden the f**k up. Don’t cry at everything that does not go your way” Another one, “I did not care that you did not take lunch break? As Gordon Gecko said “lunch is for wimps”. I take them but I am still working at 9.39 pm…constantly”. And perhaps the worst one: “You keep forgetting that the money *** forks out for your salary comes from me-not some pensioner shareholder in Idaho. Given that, I demand you get results not f**king excuses. It is not personal it is just business”.

Honestly, this boss is the wimp not the worker he was abusing here. Given the workplace relations laws, wouldn’t you have half the brain to realize that this is nothing more than workplace discrimination? The statistics on workplace bullying by bosses is quite staggering. To quote the Australian Human Rights Commission, “In fact, in 2005 WorkCover (ACT) estimated the dollar ‘cost’ of workplace bullying saying, “The financial cost of workplace bullying to business in Australia is estimated to be between $6 billion and $13 billion a year.” This includes indirect costs, such as absenteeism, labor turnover, loss of productivity and legal costs”. It also found that the ’stereotype’ of the ‘bully boss’ was very real, with 72% of bullies being bosses, and 55% of those bullied being rank-and-file workers; and that with regard to turnover “40% of bullied workers voluntarily leave”. What a sad state of affairs! Are you one of those pathetic 72% of bosses? If you are it might be time to stop and think and perhaps even grow up!

I have seen cases like this over and over again in my years in management and believe me, the legitimate ones that make it to court, NEVER go well for bullying bosses. You could end up costing your company thousands if not tens of thousands of dollars in compensation and loosing your job to boot. Is it worth it for you or your company to behave like the boss mentioned at the beginning of this article? That case is obviously going to go to court and as the workers lawyer said in the paper, “It doesn’t matter if you are a janitor or a CEO of a big four bank, there’s a difference between swearing and abusing someone”. It doesn’t matter how bad you think some of your staff are, there are better ways to deal with issues than with threatening emails and the like.

Basically the bottom line is this. If you as a manager think that one or more of your staff members are not performing well, not getting results or are full of excuses, then do something constructive about it. Don’t be like that idiot boss we mentioned earlier. That is no way for a boss to behave or deal with his staff. In fact, for his stupidity and lack of thought, the worker he abused is probably going to cost him a lot more money and it will hurt more because, as he said, “your salary comes from me-not some pensioner shareholder in Idaho”.

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Workplace Bullying – Beat the Bully

admin — Sat, 24 Jul 2010 20:16:55 +0000

Bullying isn’t just found in the playground. It happens in the workplace too. The working environment is very tough at the moment but the board still expect objectives to be achieved even if the headcount or other resources have been reduced. This puts extra pressure on people and bullying is often the result of that pressure.

Bullies aren’t always in senior positions; they can be found at any level in a company. Sometimes people don’t realise their behaviour is bullying. Sometimes they do and that encourages them. If you are being bullied, or know someone who is, here are some tips to help you.

Top tips for beating the bullies

Keep a log. As soon as you realise you are being bullied, keep a diary to record all the details. Keep emails and a note of incidents.

Setting boundaries. It is hard but as soon as you encounter unacceptable behaviour try to put an end to it immediately. By allowing a bully to continue you set a dangerous precedent and it becomes more difficult to stop it.

Give as good as you get. The workplace bully thrives off your fear of confronting them. A small word in a public place may actually put an end to your workplace nightmare.

Maintain your relationships with other team members. Just because one person in the office is being unpleasant make sure it doesn’t jeopardise your relationship with other colleagues. Continue to go to lunch or after work drinks with them. Failing to do so will isolate you.

Escalate the issue. A bully will normally pick on many team members. You need to flag your concerns to a senior colleague to find out if the bully has a history of this kind of behaviour.

Get support. If you are a member of a trade union, it will be an important support mechanism throughout this process. You may be able to go and see your HR team if you have one or some businesses have an Employee Assistance Programme in place and this may be a great sounding board for you.

Keep a wider perspective. Make sure you have other things to look forward to outside work. Do not allow bullying to take over your life. Continue with your hobbies and your confidence will receive a much needed boost.

So bullying isn’t just found in the playground, sadly in the workplace too. By following the top tips above hopefully this article will help stop any bullying situation you may be in.

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School Bullying Stopped: Don’t Be Fooled by the Smoke Screen!

admin — Wed, 21 Jul 2010 20:17:03 +0000

School Bullying Stopped: Don’t Be Fooled by the Smoke Screen! By
Paula McCoach http://www.bullyzapper.com

School bullies are manipulators.

They are masters at confusing students as well as adults.

But with these masters of manipulation, we must always look at
the big picture!

Hardcore bullies will often try to confuse the issue when being
confronted with their bullying behavior. They will blame their
victim for the incident that happened between them. They will
bring up small transgressions that the victim may have made and
try to make them seem huge.

For example, maybe the victim told them to “Shut Up” and the
hardcore bully will make this seem like a huge insult the him or
her when in reality the hardcore bully has threatened or cursed
at the victim, and the victim was just trying to defend himself
or herself.

This Smoke Screen technique is one of the hardcore bullies most
successful deflecting attempts because it is easy for school
staff to get caught up in the details of the incident at hand.
And, the hardcore bullies are experts at throwing up the smoke
screen.

But through much success and failure at working to resolve the
bullying situation, I force myself to look at the big picture
with the hardcore bully and not be deflected by the smoke screen.

In other words, I look at the overall pattern and large number
incidents the hardcore bully has participated in vs. the small
number of incidents the victim has been involved in – if any. I
don’t give the bully a clean slate in every incident – I believe
the best way to stop bullying is to deal with it on a cumulative
level – not each incident individually.

Hardcore bullies are experts at throwing up a smoke screen and
making a “mountain out of a molehill” when they have been
wronged but minimizing any wrong that they may have done to
another student. But, now you will be able to see through the
“haze.”

Paula McCoach invites you to subscribe to the Bully Zapper
Newsletter published weekly with tons of tips on how to
effectively deal with bullies in elementary and middle school.
You will receive a free special report for your subscription. To
subscribe, go to http://www.bullyzapper.com

Purchase the latest Bully Zapper publication, 11 SIMPLE STEPS TO
ZAPPING BULLIES! Discover tips on working with the bully as well
as the victim, talking to parents effectively, using behavior
checklists with success, enabling teachers to deal with bullies
in their classrooms, and much more practical and useful
information you can use immediately to Zap the Bullies in your
school! To order, go to http://www.bullyzapper.com

©2005 Permission granted to reprint this article in print or on
your web site so long as the paragraph above is included and
contact information is provided to the email
coach@bullyzapper.com and http://www.bullyzapper.com

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Bullying, A Real Problem For Our School Age Children

admin — Thu, 15 Jul 2010 20:17:14 +0000

Bullying in our society is at epidemic proportions. So many of our youngsters are the victims of bullies at schools and on the streets. Many youth go to bed scared at night and wake up terrified each morning if they sleep at all, as the result of bullying. Victims live in constant fear for their safety and well being.

By definition bullying is aggressive behavior that is intentional and involves an imbalance of power or strength. Often, it is repeated over time and can take many forms. Typically, victims are those kids that don’t seem to “fit in” or appear to be “different”. For example they may be overweight, have developmental or learning problems, or are very passive and unlikely to stand up for themselves and mount any type of self defense.

If you’ve had any experience with bullying you know that it can have tragic affects. In addition to physical abuse, victims can suffer emotional and mental problems as a result. Bullies on the other hand are prone to violence and over time the level of violence is likely to become more and more intense.

Facts About Bullying

Nearly 6 million kids in America are involved in bullying. They are either the bully, a victim of a bully or in some cases both. Males and females report involvement, though males are much more likely to take part in physical bullying such as punching, hitting, slapping, striking, or pushing. Females are more likely to start rumors, make comments about sex, gossip or try to convince others to exclude another female.

How Can You Help

If you are the parent of a child between the ages of 6 and 18 then it is very likely that they have experience with bullying either directly or indirectly. With nearly 30 percent of kids reporting either being bullied or bullying someone, the likelihood is strong that your child at least knows the school bully.

There is always strength in numbers. Get different student organizations and clubs involved. Begin a series of articles in the school newspaper about “Bully Prevention”. Invite a strong, respected community leader to come and speak on the topic and reinforce the message that it’s “not cool” to bully. Create a support or help group for victims of bullies. The group should contain a mix of student leaders, parents, teachers and administrators. This group should offer and provide anonymous help and support if necessary.

Remember millions of kids suffer extreme anxiety, depression, loss of appetite, and sleepless nights as the direct result of a bully. Studies show that the long term effects of this trauma can be very serious. So even if your child is not involved, your involvement in needed. Overtime you can truly change the culture and environment of the school for the better. You will be helping to ensure that every student has an equal opportunity to learn in a safe and secure educational environment without the fear and stress of a bully.

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Middle School Bullying Stopped if You Just Keep Trying!

admin — Fri, 18 Jun 2010 20:17:55 +0000

Middle School Bullying Stopped if You Just Keep Trying!
http://www.bullyzapper.com

By Paula McCoach

So, one of your stop bullying techniques has only made a dent in
making the hardcore bully stop.

Well, try another.

1. Your first school bully stopping technique was to talk to the
bully, and he/she stopped briefly. Continue this technique as
long as the victim keeps reporting the bullying.

2. But, just to be sure, add parent contact to your bag of
tricks with this school bully. Once you have enough reports,
some of which should be from teachers, contact the parent and
get them involved in putting a stop to the bullying.

3. Thirdly, with one particular bully, once we got the parent
involved, she signed him up for our in-school counseling program
run by out County Health Department.

4. He was doing better but was still a little rough around the
edges in terms of bothering others, so we assigned him a mentor
from Bully Zapper Mentor program.

5. He was also receiving special education services and small
group instruction and was closely monitored by several teachers
and educational assistants – this helped our bully victims as
well.

6. Class meeting on bullying and teasing were also presented to
this student as well as all our middle school students in social
studies classes once a quarter.

7. Finally, several of his bully victims filled out peer
mediation forms, so he participated in coming up with solutions
to stop bullying in these small group sessions.

By eighth grade, he had a fairly good year with decent grades
and minimal interventions. With most bullies one technique will
not do the trick.

Paula McCoach invites you to subscribe to the Bully Zapper
Newsletter, which is published weekly with tons of tips on how
to effectively deal with bullies in elementary and middle
school. You will receive a free special report for your
subscription. To subscribe, go to http://www.bullyzapper.com

©2005 Permission granted to reprint this article in print or on
your web site so long as the paragraph above is included and
contact information is provided to the email
coach@bullyzapper.com and http://www.bullyzapper.com

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Employment Law – Workplace Bullying

admin — Tue, 15 Jun 2010 20:16:25 +0000

Workplace bullying has been with us ever since the advent of the Industrial Revolution. Interestingly in New South Wales the Office of Industrial Relations of the NSW Department of Commerce provides scant information about this anti-social workplace behaviour. Research indicates that workplace bullying is widespread and that it is more prevalent that harassment. What is also interesting is that in New South Wales there is no statutory definition of bullying. In point of fact Butterworths Australian Legal Dictionary is also mute on this point. The Law Society of NSW has offered the following definition of bullying: “Unreasonable and inappropriate workplace behaviour includes bullying, which comprises behaviour which intimidates, offends, degrades, insults or humiliates an employee possibly in front of co-workers, clients or customers and which includes physical or psychological behaviour.” Importantly, employees have a duty under Occupational, Health and Safety laws to find out about bullying and take steps to prevent it. Under the NSW Occupational Health and Safety Act 2000 an employer has an obligation to ensure the health, safety and welfare of all employees and this extends to bullying. Employers also have a duty to take reasonable care for the safety of their employees at work. Essentially bullying is repeated inappropriate behaviour directed against a person by one or a number of other employees in the course of employment which could reasonably be regarded as undermining an individual’s right to dignity at work.
Bullying Behaviour
Bullying behaviour is not only restricted to employees but it may involve anyone with whom employees of the business come into contact in the ordinary course of their employment whilst at work. Bullying may be active or passive, direct or indirect, physical or psychological but it does include:
- Unacceptable language and rudeness;
- Coercive behaviour directed against someone including their property;
- Unreasonable teasing;
- All forms of intimidating behaviour including physical assault or threats;
- Marginalising or ignoring someone;
- Any form of demeaning behaviour whether business or personal which serves to denigrate the individual being attacked;
- Abuses of authority.
What is not Bullying
Employers have the right to supervise, direct and control work and they have the responsibility to monitor workflow and gauge performance. They are entitled to set reasonable goals and standards including KPIs and deadlines which have to balanced against the responsibility to look after the health, safety and welfare of their workforce.
The Consequences of Bullying
Different employees react differently. Bullying essentially may result in unwarranted stress, ill health, inability to make decision, incapacity to work, depression, physical injury and more. Wherever bullying occurs there is the potential for legal action. There is a body of law which is developing which suggests that an employee can sue his employer for a breach of an implied duty of trust and confidence. Bullying and harassment seems to fit squarely written this. Employers need to exercise care!
General Legal Requirements
Legislation, Australian Workplace Agreements, Certified Agreements, Industrial Awards and the Common Law cover the field. Primarily Industrial, Occupational Health and Safety and Anti- Discrimination Legislation applies to this area. In the latter bullying may sometimes involve harassment or discrimination where a person unreasonably picks on a personal characteristic such as race, sex, pregnancy, marital status, religious beliefs, disability or age which causes another to feel embarrassed, humiliated, offended or intimidated.
Action
Bullying should never be tolerated under any circumstances. Employers can develop clear workplace guidelines, practices and policies to safeguard everyone. Reducing the risk of exposure to workplace bullying would assist employers to satisfy their general duty of care to protect themselves and their employees.
Irrespective whether employer or employee where workplace bullying arises there is a legal exposure and the advice of an experienced employment lawyer needs to be secured.

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Bullying – Adults In The Schoolyard

admin — Wed, 09 Jun 2010 20:18:52 +0000

The idea of bullying has long been associated with naughty children in a schoolyard. But in recent years, there has been increased awareness and recognition in Australia that adults can be bullies too. Nowhere is this notion more alive than in the workplace, where high stress levels and hierarchies create a framework for day to day life.
While the badly behaved child may be ordered to stay away from school for a day, a bully in the workplace risks paying for her or his mistakes in a courtroom. Although there is no single statutory avenue for a claim in bullying, recent cases in New South Wales reveal that there are a number of ways to seek redress and claim damages if an individual has been bullied in the workplace.
Bullying – what does it mean?
There is no official legal definition of bullying but there are a number of key characteristics that are commonly used to describe bullying. The Law Society of New South Wales describes bullying as behaviour that “intimidates, offends, degrades, insults or humiliates an employee, possibly in front of co-workers, clients or customers and which includes physical or psychological behaviour”.
The essential ingredients of bullying are:
behaviour that intimidates, offends or humiliates;
behaviour that places someone’s physical or psychological welfare at risk;
usually, there is an element of repeated treatment or persistence (but this is decided on a case-by-case basis);
and there is no intention needed.
Examples of bullying include sarcasm, threats, teasing or even physical isolation. In the 1997 case of Dillon v Arnotts Biscuits Ltd, a factory worker was forced to work at an isolated workstation with her back to other employees, because the boss wanted to “toughen her up”. This was described by the Australian Industrial Relations Commission as “incessant bullying”. On the other hand, one off instances such as someone swearing when they are stressed may not be considered bullying.
Claiming for damages
The Occupational Health and Safety Act 2000 is perhaps the most direct basis upon which to claim damages for bullying in a New South Wales workplace. The first stated goal in s 3 of this Act is precisely concerned with securing and promoting the “health, safety and welfare” of people in the workplace. In s 8 of the Act, the duties of an employer are listed more specifically. Among other things, an employer is responsible for “ensuring that systems of work and the working environment of the employees are safe and without risk to health”.
In the 2004 case of Inspector Maddaford v Coleman, the New South Wales Industrial Relations Commission confirmed an earlier decision that a timber joinery company had breached its duty under s 8 of the Occupational Health and Safety Act 2000 by failing to ensure a healthy and safe workplace. In this case, a 16 year old factory worker was the subject of violent bullying – he was wrapped in plastic by his co-workers, rolled around on a trolley and covered in sawdust and glue. What is interesting here is that the director and factory foreman were found to be personally liable under s 26 of the Act (liability of managers and directors), even though they were not directly involved in the incident. Indeed, if the risk of bullying is foreseeable, employers can be held liable. In other words, they do not only have to react to bullying, they also need to be proactive in eliminating it so that they ensure a healthy and safe working environment.
So the claim for bullying succeeded … but what were the damages? When the case was first heard, the company was fined $24,000 and the director and the factory foreman were personally fined $1000 each. But, in the second hearing, it was found that the penalties imposed were too low due to the seriousness of the matter and the need for deterrrance. In other words, because bullying is often hidden or not talked about, the court felt that deterring bullying in the future was a significant factor in determining the penalty. Ultimately, the personal fines were bumped up to $9,000 for the director and $12,000 for the factory foreman, who was directly responsible for supervising employers. Obviously, the courts have realised that bullying is not a matter to be taken lightly.
Other avenues to claim for damages
In some cases, bullying in the workplace may become so unbearable that a person is forced to resign from their job. Where this occurs, it may be possible for a person to claim for damages under the Industrial Relations Act 1996 (NSW). This means that because a personal is effectively forced to resign from their job, an unfair dismissal claim arises and a person may be able to seek compensation. In Dillon v Arnotts Biscuits, the court found that the incessant bullying of a factory worker by her boss had led to “constructive dismissal”. She recommenced her work and was reimbursed for her lost income.
Bullying in the workplace may also create a claim for damages if it constitues a form of discrimination. In New South Wales, it is against the law to bully or harass someone on the basis of their race, sex, pregnancy, marital status, religious beliefs, sexuality or disability. This idea is captured in the Anti-Discrimination Act 1977 (NSW), but there are also a number of Commonwealth Acts which prohibit discrimination in (and out) of the workplace.
From the boardroom to the courtroom
Bullying is bad for the workplace because it reduces efficiency, motivation and self-confidence, as well as increasing stress, anxiety and mental health days. But nowadays, bullying in the workplace is also a potential lawsuit. It is apparent in the law and in the courtroom that bullying can give rise to claims for damages in New South Wales.

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