Two years ago I filed a formal complaint against my then direct line manager for violations under the Dignity and Respect Policy. I have never needed to do anything like this in my past, but after seeking advise from my union the felt it was the best approach to file my complaint formally. Six months prior to the filing of my formal complaint I filed a verbal complaint with my Human Resources department and I was ignored completely and received no help.
There was an investigation conducted by an external investigator. Because I was bullied and harassed in the privacy of my managers office, and because the investigator based all decisions on the need for prima-facia evidence I was unable to provide alot of hard evidence. However, the Investigator found me to be credible and did not leave me out in the cold. He recommended that a Facilitator be brought in to facilitate the next course of action. After a few meetings the Facilitator decided that my re-deployment out of my department was the best solution.
I have worked for this organisation for 6 years and in all my time I never ever had a problem, and I was never ever disciplined by this employer or any other employer for that matter. I've always just kept my head down at work, did my work, provided quality work that was accurate and timely. I am essentially professional. Two days after the Facilitators report came out citing I should be moved within 30 days from date of the report I was accused by my then line manager of 1. Dropping a binder from a height onto his desk. 2. Not providing the assistance he needed on the day of the alleged incident 3. Leaving the job early without permission from my employer. All of these allegations were completely false and as I stated I never ever caused trouble in my past.
On the date of the alleged incident I had reported to HR early that morning that my line manager was being non-verbally aggressive toward me. Unfortunately, the HR Manager was not in that day, so I began frantic attempts to contact my union rep who was in court. I called back to HR and spoke directly to another HR Representative. I explained I found the work environment hostile and feared for my personal safety and could they please come over and help me. The HR Rep told me he could not and to contact the Union Shop Stewart. Basically, he reverted all responsibility over to the Shop Stewart. I called the stewart, explained by situation and they advised me to leave work, go home and to await contact from my direct union rep. I did as I was instructed, but before leaving I called my line manager by phone, and informed him I was leaving, why I was leaving and that I sought permission from the union.
A few days later it was my employer who stated in writing they were initiating a Disciplinary Investigation, but never stated who it was being directed toward, me or my line-manager. The union citied that I should be re-deployed as quickly as possible. However, a few days later my employer denied my re-deployment. The union took this to the Labour Rights Commission, who in the end agreed that I should be re-deployed, and that I should be placed on paid leave, to avoid further incident until a new post was located for me. My employer was given a max of 6 weeks to do this and 6 months later they had not complied.
Eventually, when the union threatened a strike action my employer relented and re-deployed me. Upon my return they re-commenced their disciplinary action. I cooperated with the entire process and meet with HR to provide a verbal account of what happened on the date of the alleged incident. I was accompanied by my union rep. I provided hard physical evidence by way of emails to demonstrate the erractic behaviour of my then line manager on the day in question. All he offered was opinion. They unexplainably took 5 months to conduct this process, and during this process after I was redeployed I received a nasty email from my former line manager which I showed my union and provided as further evidence. My new line manager aware of my situation implemented a policy to protect me "care of duty" that my former line manager could not longer directly communicate with me. It seemed to my union and to myself that my employer was stalling after the receipt of this email, and therefore, at the behest of my union a deadline date of set to submit their final investigation review. The union and I were both appaulled at the content of this report and that it found me guilty of 1. Not cooperating on the day in question, even though I had proven I had, and 2. Leaving without permission. My union filed a ccmplaint with the LRC to have an independent commission review this report.
Again, it seemed my employer was planning no action, as another month passed until they received a notice from the LRC stating that a hearing date was being scheduled. Then they hurriedly carried out a hearing and on no evidence whatsoever decided that I should receive a "Oral Warning" citing that in the future I should personally locate a letter from a file and hand it directly to the line manager. My union rep, felt this was appaulling and that my employer was ignoring evidence I gave, as well as not addressing the aggressive behaviour demonstrated by my line manager. The case has since been heard by the LRC and I am waiting for their report and decision. I wish I was exaggerating what I have just stated, but I cannot not. If I really did do what I was accused off then the process my employer put me through was punishment enough without having to add an "Oral Warning". However, I never did do what I was accused off.
My two questions is this. Can I file a personal liable case against my employer? Will my union be able to provide me legal assistance with the process?
There was an investigation conducted by an external investigator. Because I was bullied and harassed in the privacy of my managers office, and because the investigator based all decisions on the need for prima-facia evidence I was unable to provide alot of hard evidence. However, the Investigator found me to be credible and did not leave me out in the cold. He recommended that a Facilitator be brought in to facilitate the next course of action. After a few meetings the Facilitator decided that my re-deployment out of my department was the best solution.
I have worked for this organisation for 6 years and in all my time I never ever had a problem, and I was never ever disciplined by this employer or any other employer for that matter. I've always just kept my head down at work, did my work, provided quality work that was accurate and timely. I am essentially professional. Two days after the Facilitators report came out citing I should be moved within 30 days from date of the report I was accused by my then line manager of 1. Dropping a binder from a height onto his desk. 2. Not providing the assistance he needed on the day of the alleged incident 3. Leaving the job early without permission from my employer. All of these allegations were completely false and as I stated I never ever caused trouble in my past.
On the date of the alleged incident I had reported to HR early that morning that my line manager was being non-verbally aggressive toward me. Unfortunately, the HR Manager was not in that day, so I began frantic attempts to contact my union rep who was in court. I called back to HR and spoke directly to another HR Representative. I explained I found the work environment hostile and feared for my personal safety and could they please come over and help me. The HR Rep told me he could not and to contact the Union Shop Stewart. Basically, he reverted all responsibility over to the Shop Stewart. I called the stewart, explained by situation and they advised me to leave work, go home and to await contact from my direct union rep. I did as I was instructed, but before leaving I called my line manager by phone, and informed him I was leaving, why I was leaving and that I sought permission from the union.
A few days later it was my employer who stated in writing they were initiating a Disciplinary Investigation, but never stated who it was being directed toward, me or my line-manager. The union citied that I should be re-deployed as quickly as possible. However, a few days later my employer denied my re-deployment. The union took this to the Labour Rights Commission, who in the end agreed that I should be re-deployed, and that I should be placed on paid leave, to avoid further incident until a new post was located for me. My employer was given a max of 6 weeks to do this and 6 months later they had not complied.
Eventually, when the union threatened a strike action my employer relented and re-deployed me. Upon my return they re-commenced their disciplinary action. I cooperated with the entire process and meet with HR to provide a verbal account of what happened on the date of the alleged incident. I was accompanied by my union rep. I provided hard physical evidence by way of emails to demonstrate the erractic behaviour of my then line manager on the day in question. All he offered was opinion. They unexplainably took 5 months to conduct this process, and during this process after I was redeployed I received a nasty email from my former line manager which I showed my union and provided as further evidence. My new line manager aware of my situation implemented a policy to protect me "care of duty" that my former line manager could not longer directly communicate with me. It seemed to my union and to myself that my employer was stalling after the receipt of this email, and therefore, at the behest of my union a deadline date of set to submit their final investigation review. The union and I were both appaulled at the content of this report and that it found me guilty of 1. Not cooperating on the day in question, even though I had proven I had, and 2. Leaving without permission. My union filed a ccmplaint with the LRC to have an independent commission review this report.
Again, it seemed my employer was planning no action, as another month passed until they received a notice from the LRC stating that a hearing date was being scheduled. Then they hurriedly carried out a hearing and on no evidence whatsoever decided that I should receive a "Oral Warning" citing that in the future I should personally locate a letter from a file and hand it directly to the line manager. My union rep, felt this was appaulling and that my employer was ignoring evidence I gave, as well as not addressing the aggressive behaviour demonstrated by my line manager. The case has since been heard by the LRC and I am waiting for their report and decision. I wish I was exaggerating what I have just stated, but I cannot not. If I really did do what I was accused off then the process my employer put me through was punishment enough without having to add an "Oral Warning". However, I never did do what I was accused off.
My two questions is this. Can I file a personal liable case against my employer? Will my union be able to provide me legal assistance with the process?
