Bad Apple Bullies

Tips For Queensland teachers: How to deal with workplace bullies.

The Bad Apple Bullies webmaster has come to the conclusion that what teachers really need is good legal advice.

Teachers - you need good legal advice right from the first moment that your health is affected by the workplace abuse.

You may not realise that your health problems are caused by your working conditions.

And you may not realise that if your health is being affected by your working conditions, you need to make a WorkCover claim.

But go to a good solicitor first.

Get legal advice on the wording of your WorkCover claim.

 

And be aware that -

You need to ensure that there is a written record of your working conditions before your Bad Apple Bully-Mob realise that you are going to make a WorkCover complaint.

If your Bad Apple Bully-Mob  realise that you are thinking of making a WorkCover complaint, they will attack you first.

They will quickly put you on "Managing Unsatisfactory Performance" for some trumped-up reason, and then they will claim that it was this "reasonable management action" that made you ill.

That's how Bad Apple Bully-Mobs "get away with" workplace abuse.

 

Please note: The Bad Apple Bullies webmaster receives no benefit or payment of any kind from any person or business mentioned on this website.

The webmaster has no legal knowledge at all, and cannot endorse any particular solicitor.

Please use your own judgement when choosing a solicitor.

Mr F. Gouldson : Gouldson Legal

Janelle Ann Fairley, a Queensland teacher, began work as a LOTE- Japanese teacher at Albany Creek State High School in 2006.

Janelle used the description of bullying behaviours provided in the booklet "Workplace Bullying - An Employer's Guide" to support her complaint that she was being bullied at work.

DA Swan, Deputy president of the Queensland Industrial Relations Commission, found that there had been-

"a continued course of conduct by ... (Mr Swan named another teacher) ...  towards the appellant which has been completely unreasonable."

and that-

"The injury suffered by the appellant did not arise out of, or in the course of, "reasonable management action taken in a reasonable way".

And he ordered that Ms Fairley be compensated.

 

Mr R. Lynch, Counsel, was instructed by Mr F. Gouldson of Gouldson Legal for Ms Fairley.

 

Gouldson Legal offer their services on a No win - No fee basis.

They have a freecall number on 1800 677 923.

Robyn Davies : Trilby Misso Lawyers

Trilby Misso managing lawyer Robyn Davies  is acting for Christine Gillions, who was a teacher at Ipswich Girls' Grammar.

Christine taught English as a second language, as well as holding a learning support role.

On 25 January 2008 Christine was involved in a conversation with a fellow teacher.

This teacher was serving in the same learning support area.

Documents filed in the Supreme Court by personal injury law firm Trilby Misso show that this fellow teacher grabbed Christine Gillions' left arm with both hands and shoved her backwards.

The court documents show that Christine suffered bruising.

And that she continues to suffer from depression, and an anxiety disorder as a result.

Ms Gillions lodged a police complaint, but after a 10 month investigation, police decided not to lay any criminal charges due to "insufficient evidence".

 

Christine says she cannot teach again.

Christine is suing Ipswich Girls' Grammar School Board of Trustees for almost $1 million for :

  • failing to supervise the teacher concerned,  

  • failing to provide training to prevent the teacher from assaulting fellow staff members.

Christine is claiming $883,657 for past and future economic loss, damages and medical expenses.

 

Trilby Misso managing lawyer Robyn Davies said Ms Gillions’ life had been ruined by the psychological injuries suffered in the alleged incident at the school.

“The attack was the culmination of a number of issues Christine faced at this school where she was not supported by the school administration.”

“She deserved greater protection and support from the school’s management following the assault,” she said.

“Christine was also subjected to threats and intimidation following the alleged assault.”

 

Ipswich Girls’ Grammar school denies Christine Gillions' claim that she was assaulted by a colleague, and that there is any evidence she has sustained a psychiatric injury.

Robyn Davies says that employers who fail to adequately protect their employees are liable for the mental anguish and depression caused by their failure to act.

Robyn Davies said that Trilby Misso is receiving at least 12 enquiries per month from people who are suffering extreme stress or depression caused by bullying in the workplace.

“This is double the number of enquiries we were getting a year ago.

 Bullying is now among the most common complaints we receive from workers seeking compensation,” Ms Davies said.

“But we believe that these numbers represent only the tip of the iceberg.

People who phone us are usually at their wits end, having tried to improve the situation over a period of months or even years.

Complaints to their employers often fall on deaf ears.

They keep trying to cope but the longer they do the worse their symptoms get until they reach the stage where they are suffering severe anxiety that requires medical intervention.”

Ms Davies said companies which failed to adequately protect their employees were liable for the mental anguish and depression caused by their failure to act.

“It is a major occupational health and safety issue but some employers just don’t get it,” she said.

“All employers have a duty of care to their employees to provide a safe workplace and this should include ensuring their safety from bullying in all its forms.”

Gillian Klanke : Trilby Misso Lawyers

 Trilby Misso Lawyers  acted for a 49-year-old female Queensland teacher who is suing the Queensland Department of Education.

The teacher alleges that she has suffered years of bullying by the female head of special education services at a special needs school in south-eastern Queensland.

And a 44 year old female teacher's aide at the same special school has made similar allegations.

Trilby Misso Lawyers have issued a statement concerning verbal abuse, violent behaviour, etc.

The teacher and the teacher's aide had both complained to the school principal and to Education Queensland.

But the principal and Education Queensland both seemed to "turn a blind eye" to the situation.

Lawyer Gillian Klanke said that, after years of verbal abuse and intimidation, the teacher finally suffered a completed breakdown.

Trilby Misso Lawyers are preparing a notice of claim against WorkCover.

  • Teacher sues alleging years of bullying, Angela Harper, 9NEWS, Monday 7 September, 2009.

Thady Blundell : Turner Freeman Lawyers

Thady Blundell, of Turner Freeman Lawyers, said the firm had acted for two Queensland teachers who developed mesothelioma after asbestos exposure.

Turner Freeman Lawyers are also representing other teachers who have been exposed to asbestos.

Bill McMillan : McMillan Boylson Lawyers

McMillan Boylson Lawyers acted for Ruth Fussell, a Queensland teacher who had worked at the Brisbane School of Distance Education for 13 years.

In October 2005 Ms Fussell was informed that she was going to be transferred to Marsden State High School in January 2006.

In May 2006 the principal of Marsden State High School advised Ms Fussell that she was going to be placed on a Managing Unsatisfactory Performance ( MUP ) plan.

Ms Fussell became ill after this meeting and has been unable to work since ( to 24 June 2009 ).

Ms Fussell claimed compensation.

WorkCover Queensland and Q-COMP both rejected Ms Fussell's claim for compensation.

But the Brisbane Magistrates's Court found that the Queensland Department of Education had unreasonably failed to -

 * forsee and to take adequate account of the difficulties Ms Fussell faced in adjusting from her previous teaching work at the Brisbane School of Distance Education.

 * provide Ms Fussell with the necessary support.

 * provide Ms Fussell with the necessary training.

 * take account of the difficulty in teaching a program without having had the necessary training.

 

And Ms Fussell's appeal was allowed.

She will be compensated.

Ms Fussell's case in more detail.

http://www.qcomp.com.au/qwcdec/decision_search/decision_docs/Fussell,%20Jill%20Ruth.htm

Shine Lawyers

Shine Lawyers are representing a Bundaberg teacher, Valissa Julieta Bauer, who claims that she had to over-use her voice in an attempt to control her composite Year 6 and 7 class at Thabeban State School.

Ms Bauer claims that the class included 31 Special Needs children.

She is suing the Queensland Government over a lack of adequate classroom assistance.

Ms Bauer's claim is for almost $420,009 in damages for personal injury.

Her claim includes general damages, past economic loss, future impairment of her earning capacity to age 65 and medical expenses.

Bundaberg teacher claims $400,000 damages from injuries to larynx from yelling at students, The Sunday Mail : 11 July 2020.

Robin Napper, independent forensic investigator, West Australia

On March 30, 2006, at 11.58pm, 15-year-old Patrick Waring was ordered out of bed by the West Australian police, charged with rape and remanded, with a bail hearing set for the following Monday.

Patrick, awaiting trial in jail, was beaten up and routinely strip-searched.

After three months of this, the family turned for help to Robin Napper, an independent forensic investigator and former British detective superintendent.

Napper quickly discovered a litany of basic policing errors.

''If the police ever get a hold of you, you can find yourself on an express train that is very hard to get off," says filmmaker Ed Punchard.

Although this is not a teacher's case, it could be quicker and cheaper for you to employ a private investigator rather than a solicitor and, if you are in WA, Robin Napper seems to have intelligence and integrity.

But please remember that I have no legal qualifications - you have to make up your own mind about this.

Hopgood Ganim Lawyers

Andrew Tobin of Hopgood Ganim Lawyers is interested in the industrial environment in Australian schools (primarily in the private sector).

It is important for you to understand that Hopgood Ganim Lawyers usually work for the employers rather than for the employees.

But Andrew Tobin is willing to speak to individuals about their workplace concerns.

And his advice to employers is also useful for individual employees.

Andrew Tobin writes -

The South Australian Supreme Court has awarded almost $400,000 to Mr McDonald, a former school teacher who had been overworked, bullied and harassed.

The court found that the Department of Education and Children Services (DECS) had breached its implied duty of trust and confidence by-

  • failing to manage the teacher's workload
  • and failing to respond to the teacher's complaints.

Mr McDonald wrote a letter of resignation on 23 January 2001, stating that he was constructively dismissing himself and would sue the school for constructive dismissal.

Mr McDonald resigned in 2003.

At that time, he was suffering from an adjustment disorder with anxiety and other illnesses.

He maintained he was constructively dismissed.

Decision

The Court decided that DECS had breached its implied duty of trust and confidence, duty of care and duty of good faith to Mr McDonald in:

1. failing to manage, or attempting to manage, Mr McDonald's health and welfare;

2. failing to adequately address Mr McDonald's grievances;

3. failing to consult Mr McDonald over staffing decisions in the area for which he was responsible (the Court described this as sinister);

4. not clarifying Mr McDonald's role;

5. failing to tell other staff not to ask Mr McDonald to fix computer problems;

6. failing to grant Mr McDonald an interview for the co-ordinator's position which he had previously performed.

The Court also decided that Mr McDonald had been subject to victimisation.

The school principal had demeaned Mr McDonald when he complained about being victimised.

 It was clear to the Court that the school was attempting to force him out.

The Court said that Mr McDonald's resignation in 2003 amounted to a constructive dismissal on the basis that there was an irretrievable breakdown in the employment relationship.

And that it would not have been reasonable for Mr McDonald to put up with the employer's conduct.

  

This case ... highlights the potential actions available to employees faced with victimisation and bullying in the workplace.

Employers considering 'managing out' an employee should think carefully about the implications of these kinds of actions and should ensure any performance management process is handled in a considerate and transparent manner.

Communicating with employees is vital in reducing the risk associated with stress claims.

 

© HopgoodGanim Lawyers    Level 8 Waterfront Place, 1 Eagle Street, Brisbane.

Australia's Best Value Professional Services Firm - 2005 and 2006 BRW-St.George Client Choice Awards

The content of this article is intended to provide a general guide to the subject matter.

Specific questions relating to this article should be addressed directly to the author, Andrew Tobin:   http://www.hopgoodganim.com.au/Profile.aspx?EntityId=103564  

Hopgood Ganim Lawyers

Andrew Tobin of Hopgood Ganim Lawyers has also written an interesting guide to workplace bullying for employers -

 Eliminating Workplace Bullying and Harassment : April 2009.

The article is well worth reading for definitions, special risk situations and the impact of workplace bullying on the victim.

It also contains some really interesting quotes -

 

"If a corporate employer commits an offence under the Act, so too does every executive officer associated with it ..."

 

"It is ... important the employers identify any workers with ineffective managerial styles as these behaviours may contribute to workplace harassment."

 

Hopwood Ganim Lawyers, Level 8 Waterfront Place, 1 Eagle Street, Brisbane.

Australia's Best Value Professional Services Firm - 2005 and 2006 BRW-St.George Client Choice Awards

The content of this article is intended to provide a general guide to the subject matter.

Specific Questions relating to this article should be addressed directly to the author, Andrew Tobin:   http://www.hopgoodganim.com.au/Profile.aspx?EntityId=103564  

Hopgood Ganim Lawyers

Andrew Tobin and Jessica Paten of Hopgood Ganim Lawyers have also written another guide for employers -

2007 Performance Management Processes

This article also contains some interesting quotes -

In 2004-2005 ... the Australian education sector experienced a 32% increase in compensated claims.

Education was the only Australian industry to experience an increase in incidence rates of injury or illness.

"In the current context an employer's primary concern, in order to avoid liability for a claim made under the Woprkers' Compensation and Rehabilitation Act 2003 (QLD) during the course, or as a result of, performance management of an employee, will be to act and to be seen to act reasonably, that is, by taking "reasonable management action ... in a reasonable way".

The meaning of "in a reasonable way" is discussed.

The 5 pillars of risk management in the workplace harassment context are interesting -

Employers should -

(a) Look for hazards.

I presume this means that the Department of Education has a responsibility to actively look for Workplace Bully principals.

(e) Monitor and review the effectiveness of the control measure.

The article also discusses the importance of -

"training those responsible for giving effect to relevant procedures and processes.

The best systems in the world are pointless if those charge with implementing them are ignorant of how to do so."

I agree.

It is negligent to appoint a principal or acting school principal who has no knowledge of the official procedures and processes.

It places the classroom teachers at that school at risk of harm.

Queensland school principals should be required to demonstrate knowledge of the official procedures and processes before they are appointed.

And principals should be able to demonstrate -

  • a capacity to comprehend,
  • and a willingness to comply with the official procedures and processes

before they are appointed.

 

Hopwood Ganim Lawyers, Level 8 Waterfront Place, 1 Eagle Street, Brisbane.

Australia's Best Value Professional Services Firm - 2005 and 2006 BRW-St.George Client Choice Awards

The content of this article is intended to provide a general guide to the subject matter.

Specific Questions relating to this article should be addressed directly to the author, Andrew Tobin:   http://www.hopgoodganim.com.au/Profile.aspx?EntityId=103564  

Andrew Lidden, New South Wales barrister -

Margaretta Slingsby, 58, was a teacher at Lismore Heights Public School in northern NSW.

In about March 2005 a nine-year-old student called her "f***ing Slingsby slut".

Margaretta took time off from work to recover from the shock of the student's abuse.

The child was involved in several other violent incidents at the school.

In May 2005 the same student kicked and scratched Margaretta and then ripped her hair out.

Margaretta was depressed after the student's second attack.

She couldn't sleep.

She is now unable to teach and suffers from post-traumatic stress disorder.

She is suing the NSW Education Department for negligence.

Andrew Lidden, SC, is Margaretta Slingsby's barrister.

Margaretta claims that the NSW Education Department was negligent in  -

  • failing to ascertain the student's history of violence and abuse,
  • failing to suspend him after the March incident,
  • and enrolling him in the school when it is not safe for his teachers or for the other students.

 

  • Teacher 'depressed' after student attack, AAP, 13 October, 2009

Cynthia Kardell of Whistleblowers Australia says -

Teachers : Stay in the driver’s seat!

When it comes to Workers Compensation, you need to be strategic.

Decide whether you want to return to work or not, and then stay in the driver’s seat.

There’s plenty of time to bring a worker’s compensation claim at the end, when you’ve successfully got yourself back to work on your own terms.

Think about when you make a motor vehicle accident claim.

Once you make the claim, you’ve legally given your insurer the right to decide what’s to be done: even to the point of being able to sell your car back to you if you don’t want it written off.

Workers compensation insurance is no different.

Once you make your claim, your employer is legally entitled to involve itself in your affairs and dictate how, when what and why.

Your employer gets to be in the driver’s seat and largely in tandem with their agent, the insurer.

It’s an all too familiar story -

Your own doctor’s views are no longer seen to be important.

You have to see their psychiatrist, not yours.

Their psychiatrist invariably operates on your employer’s version of your history, not yours.

Some awful things happen.

A person once told me how, as he said goodbye, the psychiatrist grasped his hand, saying to him sympathetically, "I bet you feel like killing the bastards sometimes".

The whistleblower grimaced, barely raising a smile.

You guessed it: the psychiatrist's report came back with something like, "He shook his fist at me, shouting he’d kill the bastards".

People do bad things for very little reason sometimes, and money makes it all too easy.

But if you use your own leave entitlements, then you, with your doctor, stay in the driver’s sear.

Your employer generally can’t direct you to see anyone without your agreement and has to take notice of your doctor’s instructions.

You would need to make sure your doctor is kept fully informed on a regular basis.

All your medical certificates should provide details of your symptoms and sheet home the blame to your employer.

If you don’t have a doctor, get one.

Get a referral to a psychiatrist or psychologist.

Your doctors should keep a detailed record of what’s going on.

Then, after you get back to work or decide to leave you can put in what is known as a ‘closed period’ workers compensation claim.

Plus you‘ll have the only record and the best record.

It’s known as a closed period claim, because it is for a set period and made after the fact.

You would be claiming all the usual things: monetary reimbursement for the leave entitlements you’ve used, all related expenses and compensation if applicable.

So stay in the driver’s seat

You can do the same if you opt for medical retirement: but use your leave entitlements upfront and then claim them back at the point you leave work, because that way you stay in control of your affairs for as long as you can.

Note every employer in Queensland, unless a licensed self insurer, must have a workers compensation insurance policy with WorkCover QLD.

In other states the WorkCover authority is just one of the insurers and is also responsible for workplace health and safety regulation.

In Queensland, the Workplace Health and Safety division of the Department of Employment and Industrial Relations oversees all workplace health and safety.

Cynthia Kardell is national secretary of Whistleblowers Australia.

This article is adapted from Cynthia's article on p.13 of the April 2010 issue of The Whistle.