Duty Of Care Under HASAW act

[nonlegaleagle]

Hi Folks,

This is long but hang in there!

My Partner suffered a breakdown which resulted in a suicide attempt due to Bullying and Work related stress.

We have gone down all the normal channels of Raising Grievance having her Employers OH team carry out an assessment etc.

However I think we are at a stage where they are just going to continue denying liability.

I believe that the employer is liable under Section 2, Paragraph 1 of the HASAW Act and Section 1 Paragraph 1 of the Protection from Harassment Act.

I also believe that the person responsible for the bullying is Personally Liable under the Protection from harassment act.

The employer is relying upon one meeting that was documented to say that they upheld the duty of care

My Partner will now have to have counseling for an unknown period of time and has also only been on SSP for the last 6 months, The damages / loss / suffering is quantifiable and I believe there is a case.

Just wondered if anyone could weigh in on it ?

Thanks

Eagle

[teaboy2]

Re: Duty Of Care Under HASAW act

What was the employers reasoning behind their statement that they believed they had "upheld there duty of care"?

[nonlegaleagle]

Re: Duty Of Care Under HASAW act

The Employer believes that in this one meeting that they sufficiently provided enough support and did everything they could to prevent harm being caused.

However the person that carried out this meeting and did the documentation for it is the person that was carrying out the bullying.

[teaboy2]

Re: Duty Of Care Under HASAW act

Can you elaborate as to what support they gave and what they did to try prevent any further harm?

[nonlegaleagle]

Re: Duty Of Care Under HASAW act

They said the following:
"Is there anything I can do?"
To which the response was:
"I am struggling and dont know what to do, I cant think and am worried"
The meeting was concluded with nothing further being done.
A matter of weeks passed and there was then the suicide attempt

[teaboy2]

Re: Duty Of Care Under HASAW act

Right think we need to start from the begining here.

When your wife first raised the grievance, did the employer take preventive measures or separating your wife from the person she made the grievance against. I.e. put them on different shifts, or different office where they are less likely to come in to contact.

Was the other person disciplined for bullying and/or harassment and what was the outcome?

I know the employer referred your wife to OH, what if any suggestions did OH make to the employer did the employer carry out?

Was this meeting you mentioned (where the person your wife had made the grievance against held the meeting) carried out as part of the initial grievance procedure? or was it a follow up meeting separate from the grievance procedure.

Also just as importantly, what where this persons actions that your wife felt amounted to bullying and harassment?

I know its difficult, but its very important we can ascertain the facts of what has happened, whats been done etc, in order to give you the advice you and your wife need.

[nonlegaleagle]

Re: Duty Of Care Under HASAW act

Teaboy are you happy for me to Pm You ?

[teaboy2]

Re: Duty Of Care Under HASAW act

Yes feel free to PM me if your prefer to not disclose details on the open forum.

[teaboy2]

Re: Duty Of Care Under HASAW act

Just to update for the benefit of other members and without going into details as to what Nonlegaleagle messaged me.

I can say with clarity that their has been sexual discrimination, both indirect and direct. The employers outcome of the grievance was their wasn't any wrong doing, despite witnesses confirming what had been said and done etc.

I believe the employer is trying to brush this all under the carpet in the hope it goes away, by denying any wrong doing full stop.

[nonlegaleagle]

Re: Duty Of Care Under HASAW act

Just want to thank teaboy2 for the assitance - IS brilliant to get another perspective on the matter

[teaboy2]

Re: Duty Of Care Under HASAW act

Your more than welcome.

[Kati]

Re: Duty Of Care Under HASAW act

Just want to thank teaboy2 for the assitance - IS brilliant to get another perspective on the matter

Teaboy is GREAT at this sort of thing xx

[teaboy2]

Re: Duty Of Care Under HASAW act

Teaboy is GREAT at this sort of thing xx

I feeling very flattered now Kati - Thank you lol

[Kati]

Re: Duty Of Care Under HASAW act

I feeling very flattered now Kati - Thank you lol

will you blush more if I reiterate it??

I mean every word [MENTION=19071]teaboy2[/MENTION] ... you're a star xx

[teaboy2]

Re: Duty Of Care Under HASAW act

Okay Okay, that's enough now lol