Home > Safety Dave’s Blog > Two workplace bullying prosecutions from Vic
17/02/2010 - Two workplace bullying prosecutions from Vic
Case 1 – Over $200,000 in fines following the suicide of a bullied worker
· A worker at a cafe was bullied over a period of time.
· The worker committed suicide in 2006 and the Coroner found that this occurred after being bullied.
· The cafe business (as the employer) was prosecuted, as was the Director of the business.
· Three co-workers were also prosecuted for failing to “take reasonable care for the health and safety of persons who may be affected by the employee’s acts or omissions at a workplace”.
· The cafe was fined $110,000, the Director $30,000, and then the three co-workers received fines of $45,000, $30,000, and $10,000.
Case 2 – Enforceable undertaking imposed following bullying of council employee
· A council employee was allegedly bullied by their manager in 2006
· The systems in place at the council failed to adequately deal with the bullying
· I assume the incident was reported to Workcover Vic and an investigation was made
· As part of the outcome of this process, the Council elected to enter into an enforceable undertaking with Workcover
· Generally this involves an admission of where they failed, and then a commitment (undertaking) to take certain actions in the future.
· Generally there is a requirement to spend at least as much, or more, on these actions than would have been imposed if they got fined.
· The undertakings included-
o Training for community stakeholders as well as current and future staff, information sessions for other councils in the region, and an industry magazine article outlining its safety failings.
o More extensive information on OHS outcomes and performance will be required in the Council’s Annual Report and its bullying and harassment polices are required to be audited each year with the results reported to WorkSafe.
o An acknowledgment by the Council of the circumstances of the alleged contraventions, an expression of regret and requires WorkSafe approval of anti-bullying strategies.
