A SENIOR WorkCover employee ‘‘bullied’’ out of the state government agency has been handed his job back by a Newcastle court.
WorkCover
was told it engaged in “scurrilous” and “malicious” behaviour in moving
to “persecute” computer contract manager Wayne Butler “out of the
organisation”.
Mr Butler, of Saratoga, said on Sunday night that
the ordeal had taken an enormous toll on him and his family, but he
would be going back to work and seeking changes to the way WorkCover
operated to ensure ‘‘this can never happen again to any other member of
staff’’.
He was also seeking a formal apology from WorkCover.
In
a 35-page verdict delivered on Friday, deputy president Rod Harrison of
the NSW Industrial Relations Commission said WorkCover’s conduct was
‘‘shabby and disgraceful’’ and had all ‘‘the characterisation of
institutional bullying’’.
WorkCover had accused Mr Butler of
‘‘having an improper relationship with a sex worker’’ when ‘‘a simple
inquiry ... would have revealed’’ the truth.
Mr Butler was a
spokesman for the Shared Parenting Council of Australia and the woman,
who happened to work in a brothel, had phoned him for advice about child
custody.
In another incident, Mr Butler was asked by superior
staff to obtain some Microsoft T-shirts at the time of a computer system
upgrade.
He was later accused of misusing his position for doing so.
Emailing work home to himself at night led to a charge of ‘‘failing to maintain information security’’.
Accepting
a single restaurant lunch generated a charge of ‘‘failing to report and
record gifts’’ although the court decision said there was ‘‘no evidence
whatsoever to suggest’’ it would ‘‘compromise Mr Butler or WorkCover’’.
Mr
Harrison said a six-volume report produced as part of Mr Butler’s
dismissal proceedings was ‘‘fundamentally flawed’’ and ‘‘arrived at
conclusions that were not supported by facts’’.
He said there was
‘‘no substance to any of the [eight] allegations made against Mr
Butler’’, who was stood down in March 2012 and dismissed in November
2012 after 12 years of service.
Other allegations included misuse
of a WorkCover mobile phone, failure to get permission to work with the
Shared Parenting Council, a failure to keep ‘‘flexitime’’ sheets and
proper records of working hours.
‘‘In many ways Mr Butler is
served up as a scapegoat for systemic management failure and as a
sacrifice to an application of policy and procedure in a draconian way
which countenances no innocent explanation,’’ Mr Harrison wrote.
The Public Service Association backed Mr Butler and said it was backing a parliamentary inquiry into bullying in WorkCover.
Greens
MLC David Shoebridge said WorkCover was the organisation responsible
for monitoring and countering bullying in other workplaces.
“When
you realise that WorkCover is supposed to be policing these sorts of
things across the workplace, and you see what was done to David, as
uncovered in this judgment, it is absolutely beyond a doubt that an
inquiry is needed,’’ Mr Shoebridge said.
WorkCover is under the
portfolio of embattled NSW Finance Minister Greg Pearce, who took a
month’s stress leave last week after surviving opposition calls for him
to be sacked.
A WorkCover spokesman said the government took ‘‘all
allegations of workplace bullying seriously’’ and was reviewing Mr
Harrison’s decision.
source
COMMENTS
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Maybe they're in a union.
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Maybe they are the hand-picked
sheep of the Minister. It is a simple matter to become a protected
species if the Minister's office wants it so. Those sort of people do
not belong to any union.
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what has the union have to do
with this dispute. unions stick up for workers you fool and this
behaviour would certainly not be tolerated by any union.
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Good luck to Wayne Butler but the
fact that this case went to a 35 page decision by deputy president
Harrison means that all attempts at conciliation with WorkCover bosses
were a failure. And their spokesman saying that they were reviewing Mr
Butler's 'win' suggests they may appeal the case. They should accept
that the bullying happened and apologise.
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It appears the "bullies" are still employed. Your a gutsy guy mate good lick
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The NSW Govt needs to get
WorkCover under control. It is startling that such poor workplace
practices can be rife within our Govt body responsible for maintaining
proper standards in work places throughout the State.
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It is the same story right
through State government agencies. Take your pick; there is a huge
lottery for bullying, harassment, inappropriate sackings, records being
tampered with etc etc.
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Totally agreed. I am so glad he
followed this through. It feels like a win for all. I also wonder why
that EEO policy as well, nepotism is alive and well.
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I think you need to read the full
transcript of the IRC findings to fully appreciate what Wayne has been
subjected to. Truly disgraceful and the worst case of bullying, by of
all organisations - WorkCover. I wonder if the General Manager and his
minion from People and Culture (lol) will be held accountable for the
misery and distress Wayne was subjected to. I doubt it, after all they
have their Minister to lean on. You know the one, drunk in Parliament
and being investigated for travel expenses fraud. I hope Wayne takes
this a whole lot further.
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Yet another case of Workcover NSW
bullying, one of many. Staff have built website ridiculing the
religious beliefs of other staff as well as naming their wifi devices
(phone) after other staff member. For example "?? is a Sl@#" and
management did nothing to protect the victims. Other than get rid of the
them by paying them off to keep quiet and go away. A complete lack of
management combined with corruption, jobs for the boys and low staff
moral. The management must be replaced at Workcover NSW, starting with
the CEO, who is completely unqualified and out of her depth. Sort this
out Barry. Your government is better than this.
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WorkCover NSW has be cited on
numerous occasions for its poor management practices, bullying behaviour
and inappropriate recruitment practices, yet it still to this day
continues.
Why is it that the organisation that should be setting the example of
professionalism when it comes to the management of people can not get
it right? It is not difficult. The problem starts at the top
Every criticism made by Mr Harrison is a true reflection of the management behaviours of many senior executives in WorkCover.
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This is the very reason that we
need to bring Rosemary McKenzie-Fergsuon from South Australia back over
here to tidy this mess up. Rosemary was in the Hunter Valley in May to
speak with employers about how to regain control. Better though that
O'Farrell bring her over so that he can hear for himself all the rot
that she heard about the wrong doings and how injured workers are told
to just suck it up because they are not worth anything.
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Great idea Jennifer, I heard
Rosemary speak, then had a coffee with her in Newcastle, it is amazing
just how much Rosemary knows about how to regain control of the
WorkCover system. No wonder the HSA touted her presence, I know from an
employers point of view if we could afford to engage Rosemary we would
do so.
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Collin I am sure that the Hunter
Safety Alliance will bring Rosemary back again and that next time her
presence will be better advertised. Better still that O'Farrell brings
her over to fix the mess we are all in. What surprises me is that no
one in the media has picked up that there is a person who can resolve
the pile of rubbish and that they are not beating a path to her door.
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"WorkCover is under the portfolio of embattled NSW Finance Minister Greg
Pearce, who took a month’s stress leave last week after surviving
opposition calls for him to be sacked."
So is Minister Pearce also a victim of bullying by the opposition and
media, given the alcohol was at his place of employment, should his
employer be doing more to protect his mental state. If I had an alcohol
problem, my employer would be required to counsel me not sack me. Do we
alter the rules because he is a pollie. The same call was made when
Craig Thompson was being pursued by the Federal opposition.
And well done to Mr Harrison.
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Yes they are all still there, have kept their jobs and most have been rewarded with promotions after the last restructure.
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Fantastic win. Great landmark
case law now for NSW. Bullying is happening everywhere across the public
service and its about time there was a win proving the disgusting
manipulation of investigations conducted by the public service. There
needs to be an enquiry into all NSW Public Service Departments/agencies
regarding bullying. Good on Wayne for standing up and getting somewhere
with this. You deserve a medal of honour.
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What has the Shared Parenting
Council to do with Workcover? Seems like some individual has to be
identified for initiating the bullying .
