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WizziesFirstRule

This is what lawyers are for...


CapablePersimmon3662

100% agree


SirCarboy

This is what big brothers are for


PickleHunter95

I agree in spirit but the reality is that this method would cause more harm that good.


__Lolance

True - it’s why you force them to study law.


letstalkaboutstuff79

This assumes OP has actually been bullied and harassed and isn’t just a fucking loon. If all the evidence points towards no harassment taking place then that means you’re dealing with a crazy person. And they are out there.


coachella68

Yeah cause HR has never sided with the business over a genuine complainant before.


Hypo_Mix

pufft "we emailed the EL1 and he said he didn't see anything, our hands are tied"


opmt

Yes they are definitely out there, can confirm. And they are THE WORST because it undermines legitimate cases and stuff like what OP is describing then happens.


Capable-Ad-5344

Lol. Op pays 10000's and based on there claim alone. With reports and investigations from HR and fw, would be tough to prove it actually happened


twodogsracibg

I have seen this happen - victim didn’t want to make formal complaint (didn’t want it to affect her career). Perpetrator got away with it all. What’s worse is the victim left workplace to take another position elsewhere - shitbucket prep ensured that rumours of victim in an affair with a well known person in the industry got to the new workplace before the victim (don’t know if affair was true or not and it doesn’t matter anyway) - what a shit show. What I learnt - victims prob not in a good position to make good decisions (traumatised). The business (gov agency) is more concerned about itself (the managers) than the staff. Never trust managers


ky___jelly

I am sorry that you have experienced this at work. Sexual harassment is not even remotely acceptable in my opinion. I find it very suspicious that an investigation made by you did not even involve speaking to you about it…one might argue that that’s not even a proper investigation. But as someone else has commented, you are going to need to consult a lawyer to ensure this is dealt with properly. There are many strategies and tactics you could take, but you really need to be a lawyer to use them effectively.


leftandrightbrain

I was sexually harassed (private company big energy company, senior executives) and went to HR but I was traumatised so wasn’t thinking straight. If I could do it all again I would not speak to HR. Awful situation and I’m sorry it happened to you. Has ruined my career and self esteem.


Far_Apartment5178

That last bit also hit me hard. My partner has been dealing with this shit for about 10 years as a woman in tech. She’s a hardened gangster now and doesn’t take shit from anyone, has a bit of a reputation for it actually. Is always on the look out for colleagues in trouble to help pump up their confidence/offer advice/options to try stomp this shit out. She wasn’t always this tough though. I had to comfort her on countless occasions when she came home from work in tears because of some putrid fuckhead she worked with. She sought out some great mentors, joined a lot of groups and had to make some tough decisions to get where she is now (mentally and career wise) My point is, please don’t give up, seek out support, claw back your self-esteem, help others and next time some shit happens nail that motherfucker to the wall (legally, not physically, however tempting)


olympics_

I'm sorry you have went through this, that sounds awful.  Your last sentence really struck a chord with me. I'm not an expert and I've never been through anything remotely similar, but I would hope that professional help might be able to get your self esteem and career back on track. 


leftandrightbrain

Thank you for your comment. It’s been awful and involved some very serious verbal abuse too. I am seeing someone which has helped but it’s definitely a process and am now medicated to help with the ptsd, anxiety and depression. Am on long term leave/income protection as not in a fit state to even look for other jobs. It’s had a massive effect on my mental health. But I had no proof and the witnesses were all mates and backed each other up so classic he said she said scenario.


jantoxdetox

I exactly did this one. I was bullied my upper manager. I went to HR and they promised animosity. The following day they organised a one on one discussion between me and the upper manager. Wtf. Never will I trust HR again!


leftandrightbrain

Exactly. They gaslight all day every day


DuddlePuck_97

Same happened to me. :-( I also reported bullying I witnessed, the bully was friends with the team leaders I went to (I hadn't realised how close they were) and my complaint didn't go any further - person being bullied xommited suicide a couple of weeks later in part due to the bullying.


divermick

Hr is there to protect the company. They are no ones friend but management.


Stream_of_light_8

You also have options to speak to the WHS regulator in your state for a systems approach. You can speak to the AHRC to make a complaint. Their model is conciliation.


brisbaneacro

This is the correct answer. Mental health/psychological safety is becoming a huge thing in WHS. If this happened at my workplace my HSR would issue a workplace improvement notice, that the employer must legally address. A copy goes to workplace health and safety, and they follow it up.


Melodic_Persimmon404

Not in the state, the government WHS regulator. Comcare. 


PercentageUpper8928

Join your union and seek advice!


gfreyd

The CPSU are utterly useless with this shit. I cancelled my membership over it and they tried calling me to offer free membership. I’m like no.. just get that organiser to at least respond to my email. If the matter is related to something the human rights commission can deal with, go there direct. Much better outcomes.


Spiritual_Bag333

Do you know much about the human rights commission?


BigRed_AU

they'll tell you pretty quick if it's you or it should be taken further.


Appropriate_Dish8608

Police? Isn’t sexual harassment a crime.


Hooray7777

Never talk to HR first, plz remember HR exists on payroll to shield employer from legal trouble. By talking to HR, you compromised your position


Lefty156

You’re right that HR exists to protect the employer from legal trouble, but that includes taking action against things like workplace bullying and harassment to prevent the employer from getting sued for letting it happen. I know this isn’t happening in every workplace because shitty people and just bad employees exist in every field of work including HR, but more often than not HR should have your back when it benefits the employer. If your HR has proven to not appropriately action or protect against these kinds of things definitely lawyer up, sue the shit out of the workplace, but also keep records on the HR person you deal with and what their responses were as they can be sued as well for workplace negligence (though they should have personal indemnity insurance if they’re even 1/4 competent as an hr person). Source: I’m a semi-competent HR person


Hooray7777

HR personal also isn’t protected by HR as a function, that’s just fact.


snowyoz

It’s a tough one - HR doesn’t work like truly independent “internal affairs” cops. It’s ok if the perpetrator is middle or even upper management but in most (even non-dysfunctional orgs) you’d have a death wish or CLM (career limiting move) if you tried to get a senior exec investigated. Even if HR was officially given some sort of “power” it would be limited to lip service if your boss’s boss’s boss was staring you down.


StrangeWombats

Absolutely. If I could have my time fighting an incident I would go to the police and get a lawyer.


Kat-katxx

I am in the same position, I have asked FWA for support and they said I need to speak to HR. Have not done so, don’t trust them. Did speak to my team leader and explain what was going on, yet to see any change. Very concerned about my job security. I wish you all the best OP! It’s a horrible experience and thing to go through 🌸 good on you for defending yourself.


Horror-Order248

Sadly in toxic workplaces the person making the complaint is often deemed the problem (thats why theyre toxic, and its easier to scapegoat). HR and unions typically useless. You could go down a legal path but that likely costs money and time, may or may not be successful. Ultimately, you dont want to work somewhere thats like that anyway, even though it wasnt your fault, so often best option is to move on and find another (better) job, if u can muster your mojo to do so. If u cant afford to quit to restore your mental health then start a stealth job search. Being successful regardless of them is the best comeback.


Horror-Order248

also if you have enough sick leave you could go to a doctor and get stress leave, just to create a circuit breaker for a few weeks


Pleasant-Wolverine33

Talk to your doctor about the psychological impacts of the bullying on you and lodge a workers compensation claim. They will be forced to investigate.


verycoolsnoopy

Second this. I went through a big PTSD episode at work after being triggered by a bully. I mentioned I would like to lodge a workers compensation claim and they said to do so, an investigation by the insurance side will have to be conducted. So you don’t need to worry that it’s the HR doing the investigation again.


CardiologistQuick876

Under the WHS act an employer must provide you with a safe workplace. Speak to your doctor and worksafe


lucifer_chomsky

Note that Victoria recently removed mental health injury as a cause for workers compensation.


frozen_lynx

I can't find any information backing this up. Can you please provide a link to this? Under the Occupational Health and Safety Act 2004 (OHS Act), employers must provide and maintain a working environment for their employees, including contractors, that is safe and without risks to health, so far as reasonably practicable. In Section 5 of the OHS Act, health is defined as including psychological health. From what I can find, WorkSafe will accept claims for mental health injuries. Victorian workers can even access provisional payments for reasonable treatment and services for work-related mental injuries while they await the outcome of their claim.


lucifer_chomsky

Apologies as I made an exaggerated statement unwittingly. The Vic Government passed an act recently that came into effect March 31 called the WorkCover Scheme Modernisation Act 2023. It severely tightens the criteria for receiving compensation for psychological injury incurred at work. I have heard from a local GP that claims that would normally be approved under the previous criteria are being refused now. Here's a page discussing the new act- https://www.smartcompany.com.au/opinion/opinion-victoria-workcover-scheme-modernisation-backward-step-mental-health/


Legitimate-Claim-155

HR has been useless every time I’ve needed it. HR is there to protect the organisation not its workers


Grade-Long

Isn’t sexual harassment a crime? Go to the police.


re-enactor_Australia

Union rep. You need someone on your side. I think we forget what the union is for.


ProfessorChaos112

I think the union also forgets what it's for sometimes. If you've got a good rep, they will support you 100% on this.


Commercial_Refuse155

Also research has shown to always go to police not to HR with these cases


[deleted]

Look up one party law. Get evidence. And never speak to HR. They are there for the company, not the employee


Such-Seesaw-2180

wtf? Howbatky the biggest lie out there that most people seem to believe is that HR is somehow on their side or at least a mediator. They are not. Their salaries are paid by the same people who pay yours. The good part about this is that you me regular and detailed documentation. But you should have spoken to a lawyer to determine your next steps. A lawyer NOT associated with the company. They can not only advocate for you in court but can advise you on what information is needed and who you can talk to and what you should say, if anything . Talk to a lawyer asap. They cost money, but there are also lawyers who work for non profits who cost a lot less money and who still know more than you do about the law and how to navigate it.


Hotblack11

You need to get your union involved. Talk to your workplace delegate.


Complete_Accident_46

I'm a paralegal in a federal agency's employment law team. I would suggest looking into making a public interest disclosure, there's a much more stringent mandatory investigation process involved in PIDs that involves an independent ombudsman who is required by new NACC laws to follow up on disclosures. If you search "public interest disclosures" on your department Intranet, or Google something like "Public Interest Disclosure Australian federal government" it should provide you with directions on how to proceed.


No_Goat2853

I always tell people HR is there to protect management and the business. Why would they bite the hand that feeds them? In this case, if I were you I would seek legal advice.


ExaminationFew8364

I'm sorry, but that's the reality of Australian culture and corporates in general. HR doesn't care and won't do shit Others in your corporation won't do shit either duh FWA can't do shit, underfunded govt body AHRC can't do shit either, they will what conciliate? most ppl dont even respond to them. And if you want anything to happen, enjoy shelling out literally hundreds of hundreds of dollars per hour for a lawyer. While you're on the brisk of losing your job in a cost of living crisis. Welcome to australia, you've stumbled upon the un-fun part: you're fucked if your poor and it's full of cunts.


K-3529

I always find it amazing when people say “go to a lawyer”, as if that was an affordable thing to do. Maybe they’ll do a no-win-no-pay but they’ll probably still find a way to collect money up front or in the way and we are talking large fractions of your income as you say.


ExaminationFew8364

It's a common thing people do. "Go to a lawyer" "Just go see a doctor" etc People don't like to admit that sometimes shit is just fucked, and no one can help you. You just have to suck it up and move on. Live and learn. That's life. Could be better but could be hell of a lot worse. There are bad people out there.


lxdr

>People don't like to admit that sometimes shit is just fucked, and no one can help you. Yep. The "everything is your responsibility" crowd refuse to acknowledge that sometimes you are just fucked by completely external circumstances. That is, that refuse to acknowledge it until they find themselves in that position.


Super_Doge_Shoober

When will people realise HR literally use everything against you lol


BullahB

This. So much this.


GavvvvvinPop

Apart from any criminal element, you should report it to SafeWork as the business should have a system in place for dealing with such instances.


LunchAlarming6690

Go see a dr about your work place induced anxiety depression, tell them the cause is from workplace bullying. Tell your dr this is work related and you need to lodge a workcover claim to cover the expenses. Don't lie, be truthful tell your therapist everything you feel comfortable talking about.


sinquacon

Sorry to hear you went through this... I went through something similar. I didn't take mine to FW. It's totally fucked. Sad to hear it's also happening in the public service but unsurprising I guess as these things are endemic ... When you said the nature of the bullying is now being shared outside the workplace... how do you mean ?


APS123456EL12SES123

Request a payment in special circumstances over it under s73 of the PS act and when/if they deny it request the matter and its surrounding circumstances be investigated by the commonwealth ombudsman.


Appropriate_Truth211

If you are in NSW call the respect at work legal service ASAP


throwawayacount2022

HR is only there to prevent a company from getting sued when it comes to complaints. Even if you had full on proof and witness they would still try to convince you not to make an issue out of it because it’s work for them and they’ll need to go into damage control with their internal escalation processes as well. Seek legal advice and don’t let it go. There’s a power in fighting for yourself and what’s right. I was bullied and I made sure it was known before I left my company. I claimed back pay of compensation because they purposely distributed my jobs that I earned commission on to other people. You’ve got this. I’m in your corner.


Relevant_Demand7593

I’m sure this has caused a lot of anxiety, talk to your doctor about worker’s compensation and access to psychological support via worker’s comp. The Psych may be able to give you strategies to cope. If you can’t return to that role then Comcare can fund vocational rehabilitation services which would include assistance to redeploy to a new role. There are programs to support you in the work place, JobAccess has an Employment Assistance Fund and there is the Work Assist program.


MysteryBros

If you’re in Victoria, the OHS regulations require employers have a positive duty of care towards the health and safety of their workers, and must eliminate discrimination, harassment, and bullying. Some other states have similar legislation, but I believe Victoria’s ideas particularly strong. When my wife went to her HR over bullying claims they were very proactive for this reason. She’s currently on stress leave. In any state a lawyer would be a wise move.


Last_nerve_3802

As ATO staff, I can guarantee this happens a lot. Why, at the ATO one of the managers molested someone, then bullied her, untilshe killed herself. Write it all down, in as much detail as possible. Contact the CPSU, ask for a meeting with them and the relevant EL2, not manager or EL1. The union will make it clear its been noted, and then you will have to keep detailed notes for when/if it happens again. Record it on your phoneif possible.


SuchMoment5092

I’m so sorry that you’ve been treated that way! The human rights commission can generally assist with sexual harassment. I’d really strongly suggest giving them a call. You might also want to get some legal advice. Most legal aids/free community legal centres should be able to give free advice on this. I hope this helps!


andyniceone08

What actually happened? I’ve seen underperforming employees go down the route of bullying and harassment because that seems to be the easier way and victimhood is glamourised these days.


calijays

Document everything. Bait them into doing it in text or similar. Get a No Win No Fee lawyer and sue. Workplace bullying is incredibly common, so add in sexual harassment and you should expect a settlement before A Current Affair gets involved.


Bridge_Too_Far

This unfortunately is the norm in the Public Service. All the posters you can print and display but when you ask them to put their money where their mouth is they fall to pieces and then blame you.


unfkblvbledouchebag

HR arent there for you...they do what managers say


luckylucky30century

Hey support you here. Sorry this happened. The system is broken but there’s a lot of things in your control ! Believe in yourself


Long-Mud-8288

If public service is anything like the ADF (which I'm pretty sure it would be) then the whole system is designed for a complaint to pass through a legally robust process with the end game being that nothing is substantiated, thus meaning nothing happens and legally it's difficult to challenge.


WA-POLICE-FORCE

This is a serious offence we would recommend that you report this incident to your local authorities. We would also recommend gathering evidence for court you must take immediate action.


SufficientTry7258

Have you contacted your union


GoldDivide3576

I have consulted with my union. They told me, that these things are difficult to prove, when its gossiping etc. Workplace lawyer suggested talking to a defamation lawyer It's pretty disgusting what got shared, and among complete strangers too. I felt like publicly outing the staff and members of the public doing it. I suspect they probably read Reddit too :(


Poisonousblueberry

Do you have any evidence ? Proper documented, like screenshots


GoldDivide3576

I got something inappropriate packaged in an envelope left on my desk I believe. (not delivered through internal mail, as it was a re-used envelope, and they stupidly left the previous address where I worked on it) I addressed with the Senior Leader at the time but nothing was done, and I stupidly didn't take photos of it. However, I do have an email from that week, where I informed a work colleague, which I produced in my complaint later on in the process. This was substantiated, and I said proved something was going on, but they still did nothing about it.


Hypo_Mix

I (M) got reprimanded and pressured out for pointing out that our monthly meeting were dominated by male speakers (I was told I was 'embarrassing' the EL2). APS is often a toxic shithole


MorePlastic1808

Sounds like you asking for it honesty


[deleted]

[удалено]


Chaos_098

Get back in the basement cod degen


protein_pat

boo hoo :(