Bad Apple Bullies

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

What are Your Rights at Work?

Please note :
The Bad Apple Bullies webmaster has no legal knowledge and cannot endorse any particular solicitor.
Please use your own judgement.

 

Your employer has a legal responsibility to:

  • listen to your concerns

  • and to act upon your grievances.

 

 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

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.

Specialist advice should be sought about your specific circumstances.

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

Andrew Tobin is interested in the industrial environment in schools (primarily in the private sector).

  • Any management action must be reasonable.

 

  • And it must be taken in a reasonable way.

 

A useful Q-COMP example case is that of Janelle Ann Fairley, a Queensland teacher.

Janelle 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.