As a result of bullying, people have committed suicide. People have died from stress-related illnesses. People are locked away in their homes, broken and vulnerable.
These people never did anything wrong!
Me? I fought workplace bullying and corruption within the state public service for years. And yes, eventually I succumbed to depression and to the confines of my home.
The system failed me, as it continues to fail others.
Anyone who follows this insidious sickness, particularly on the Internet, will be aware of a global epidemic, an epidemic fuelled by the psychosis of the bully and the stark inability of management to even manage a bullying complaint, never mind achieve a resolution.
How many times do we hear of a bullied child shunted off to another school, of a worker transferred out, of a victim resigning, taking the path of least resistance.
Unacceptable!
The system, if there is one, does not work. Why? There are no consequences for inaction.
During June of 2004, the Equal Opportunity Tribunal handed down a judgment, which, in part addressed this very issue. In McKibbin V Public Trustee, Judge Rice stated that management was vicariously liable for not having taken appropriate action to protect the worker, me.
Vicarious Liability is when a person is held responsible for the tort of another even though the person being held responsible may not have done anything wrong.
In part, the Tribunal stated; ‘...It is not enough to wait for a complaint before appropriate action needs to be taken by managers/employers.... if an employer is made aware informally of potentially discriminatory, harassing or victimising behaviour (e.g. observations of staff verbally conveyed to management, management observing relevant behaviour and so on) prior to a formal complaint being made, and the employer takes no action until the formal complaint is made, the fact the employer takes appropriate and commensurate action in response would not be sufficient to avoid its being found vicariously liable....In our view, in this instance Public Trustee impliedly authorised Mr X’s conduct by doing nothing about Mr McKibbin’s complaints or not doing sufficient about them. In our view, Public Trustee has vicariously authorised that conduct...’
Employers have a Duty of Care. Vicarious Liability is your weapon.
Radio switchboards are jammed with callers singing from the same sheet. Parents wanting to know why their child has been and continues to be bullied. Workers, behind veils of anonymity criticising management for sitting on its collective you know what.
During my years of struggle, never did I see a Policy that incorporated consequences for management inaction. It should never be necessary for a victim of bullying to seek judgment from a court.
We need accountability for inaction. Not more kneejerk, cotton wool Policies!
McKibbin V State of South Australia
