- Department adviser claims bullying
- Says she was slapped during meeting
- She is seeking compo from tribunal
Ms Bourke, who walks with a limp after overcoming rare bone cancer, is suing the department and her former boss Penni Fisher.
She alleges Ms Fisher slapped her right cheek during a Friday night meeting at Melbourne's The Commune bar in July 2008.
She also claims her boss called her "Iccug" - Gucci spelled backwards - because, unlike the luxury brand, "you can't take her anywhere".
Ms Bourke, 27, resigned and launched action in the Victorian Civil and Administrative Tribunal.
She claims to have suffered weight loss, a decline in her sex life, anxiety and economic loss.
She has demanded a full written apology, damages for pain and economic loss, and a declaration the department has acted against the human rights charter.
"No one should have to suffer the way I have, let alone while working for a well-respected employer such as the Department of Premier and Cabinet," she told the tribunal.
"I still cannot understand why there needs to be alcohol involved in team meetings, especially working in a Victorian Government department."
The unit she used to work for provides HR advice to the Premier's Department.
The department and Ms Fisher deny most of Ms Bourke's claims, including the alleged slap, and say she is not entitled to compensation.
The defence claims Ms Fisher touched Ms Bourke gently on her right cheek "and spoke words of encouragement to her".
The department and Ms Fisher claim Ms Bourke had a history of "performance issues", including being away from her desk smoking cigarettes and socialising, and long phone calls to friends.
Mediation has failed and a four-day tribunal hearing is listed to start on July 21 2009.


My employment was terminated with 1 hours notice and I had received no written warnings about my performance and was then given 4 weeks pay and told to pack up my belongings and to leave the premises.
My problems started the week I came off probation with my former employer.
The solicitor I worked for was disorganised, I caught her out lying, she would get abusive towards me, blame me for mistakes she had made and it was when I started keeping a diary of all work I was doing that I noticed she was blaming me for her mistakes.
She would constantly change the proceedures to the way she would like my tasks to be completed i.e. told to do it one way then I would complete the task and then be told that it was wrong and that she would like it compeleted another way and end up still being wrong to be put back the way that I had originally completed the task.
Then she told me that I have not worked out and that it was my fault she was so disorganised, that she was so stressed, that she was making mistakes with her work and was unable to meet deadlines. I did everything I could to organise her, no matter what I did it was always wrong and I felt like a punching bag for her to take her frustrations out on. I eventually brought up my concerns with the office manager in January and I was told to bite my tongue - “she is just that way” and to make it work.
Two weeks after that the solicitor sent an email to myself and the office manager accusing me of not completing some tasks she had given me to do -I had completed the tasks and so replied to the email. Things went down hill from then, everyday she was saying she had emailed me to complete a task and but had not emailed me. The office manager took her word over mine. One of the other secretaries who had witnessed everything spoke up but we were told we were ganging up on the solicitor. I have since found out that she has treated all of her secretaries this way but they left before having their employment terminated.
I am concerned now that I have possibly been bad mouthed to job agencies because I have not received any call backs from 4 agencies I have applied for jobs through. Would it be worth removing this job from my resume?
Thu 19 Mar 09 (10:03am)
Thu 19 Mar 09 (11:17am)
That sounds horrible - I don’t understand, though, how the office manager could “take her word” over yours about email, just check the server logs. My guess: the office manager is shagging her so she gets to behave however she wants.
Bottom line is you managed to hang in there until she fired you, while all the others have quit first. Sounds to me like you ‘won’.
And yeah, if the job was that bodgy (and short term) it might be worth leaving it off the CV.
Thu 19 Mar 09 (11:22am)
KB, it sounds as though your ex-boss may be giving out a bad reference for you. Have a friend call pretending to be asking about you as a referee and see if she bad-mouths you. If she does you may have some recourse.
Thu 19 Mar 09 (12:21pm)
Tane, the solicitor generates money, KB doesn’t, therefore they side with the earner.
If you want them to take your side then you have to show her actions cost the company too much for what she brings in, otherwise the company probably is willing to burn their way through PA’s to keep the earner. I worked in consultancies for too long.
Thu 19 Mar 09 (02:57pm)
KB
Address the problem with your ex-employer. The case as you state it would certainly fit into the definitions for workplace bullying and abuse of power. Your ex-employer has a duty of care to ensure a workplace free from bullying and other forms of harassment and is negligent in that duty of care if they do not act to prevent or rectify issues of harassment. I suggest you contact the Human Rights and Equal Opportunity Commission via http://www.humanrights.gov.au for some guidance. The worst thing you can possibly do is nothing, as that simply compounds the problem for others. Good luck, Bob.
Thu 19 Mar 09 (05:23pm)
KB, I dont think your old employer is ‘bad mouthing’ you. The job market has crashed. Everyone is feeling the crunch. You might even find that the jobs your applying for don’t even exist - whilst this is illegal and unethical, it’s reality. Recruitment agencies do this to build their candidate portfolios, pre-empting vacancies. Also, given there are in excess of 600 recruitment agencies here in Brisbane (I know your in Sydney), I’d suggest that’s a lot of phone calls your old employer would have to make. Cheer up, perservere with your job search, keep your old employer on your resume, just don’t put her down as your referee.
Good luck.