23/09/2013
Employers - can your business afford a $350,000? Take bullying claims seriously. Investigate thoroughly. Take action. Or cop a fine. These are the messages that employers need to remember after a security guard’s appeal was upheld. She was awarded $364,008 in damages for a psychiatric illness caused by her manager “verbally” abusing her.
USC security guard Gjenie Wolters brought action against her employer on the grounds it had breached its duty of care by failing to provide a safe place of work. She alleged she developed a “debilitating psychiatric illness” after her line manager Mark Bradley verbally assaulted her in March 2008.
Wolters alleged Bradley “aggressively confronted” her, waved his arms at her and yelled while accusing her of abandoning her duties during a blackout. She said she attempted to explain her conduct, but Bradley did not want to discuss the matter and “stormed off”.
QCA President Justice Margaret McMurdo and Justice Robert Gotterson and Ann Lyons ruled University of Sunshine Coast’s (USC) failure to investigate and take action on an earlier bullying and harassment complaint left staff unreasonably exposed to risk of damage.
Need a hand? As mobile HR Coaches, People Grow Business can help employers to follow the right steps and conduct a thorough investigation.
http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/qld/QCA/2013/228.html?stem=0&synonyms=0&query=title%28%222013+QCA+228%22%29
The plaintiff, Ms Wolters, was employed by the defendant (?the University?) as a security officer.