Legal help requested.

[flying dog]

Putting "work" aside, if someone there is..... RUDE to me (and everyone else) and I have had enough, what are my options to stopping them - legally?

 

This person is a "thug" who is just plain grumpy to eveyone because he can. Co-workers, other people and bosses. Basically everyone.

 

I have had enough. Work (obviously) aren't too worried and haven't done anything.

 

So I don't want to include them in the process. I have to interact with them often enough that it is now intollerable and I have been abused now to the point that "The camel's back is broken".

 

Anyone know where I can find out what I am allowed to do to put this person in their place? (Keeping work out of the loop. It is MY fight.)

 

Thanks.

 

 

[Bandit12]

I don't know if there is a way of keeping work out of it. What it amounts to is workplace bullying, which the employer has an obligation to deal with. If your employer allows it to continue, your employer becomes liable so even complaints to outside bodies would probably come back to them anyway.

 

 

[gareth lacey]

Bullies need to be faced down , they are usually cowards when faced with this ,we do not tolerate bullying in any form at my workplace if your managers are not doing anything about this you need to talk to the GM or owners perhaps,

 

or hire a bikie LOL, seriously , dont tolerate this put it in writing, record it on your mobile phone ,i think legally only thing is a AVO ,i am not sure if this can be done

 

keep safe and dont let the Baxxstards get you down

 

cheers gareth

 

 

[flying dog]

The "Problem" is that work wants "workers", and alas he fits that profile. As do I.

 

So if I complain about it, I shall be putting both of us under scrutany (spelling?).

 

Right now I don't need that for other reasons.

 

He is upsetitng people and the rest - for what ever reason - put up with it. I have had enough.

 

So as I see it: If work is involved, they will be forced to work out who they want, who is the harder worker, etc etc etc.

 

Though he has an ongoing history of such things and would probably come out worse, I don't see any winnners.

 

I will be tagged as an adjatant (yeah: "Spelling" is working just now) and be monitored for my failings (and we all have them really, just some are allowed more than others).

 

As he is upsetting me, I am wondering what my options are for me ("David") to take on "Goliath" in this battle.

 

Getting work to fight my fight won't help me with other problems, and really I would be ..... "duckshoving" my problems onto work.

 

I think it would be better for me to confront the problem myself (yeah, well, ok, with legal help) and deal with it rather than getting other people who aren't part of the REAL problem involved.

 

Make sense?

 

 

[Keenaviator]

If in Victoria you could apply at a Magistrates court for a 'Personal Protection Order'.

 

Regards, Laurie

 

 

[coljones]

(Not to do with flying, but general.)

Putting "work" aside, if someone there is..... RUDE to me (and everyone else) and I have had enough, what are my options to stopping them - legally?

 

This person is a "thug" who is just plain grumpy to eveyone because he can. Co-workers, other people and bosses. Basically everyone.

 

I have had enough. Work (obviously) aren't too worried and haven't done anything.

 

So I don't want to include them in the process. I have to interact with them often enough that it is now intollerable and I have been abused now to the point that "The camel's back is broken".

 

Anyone know where I can find out what I am allowed to do to put this person in their place? (Keeping work out of the loop. It is MY fight.)

 

Thanks.

Talk to your union. They are not there to just hoover up your membership fees and in most cases do produce satisfactory outcomes. Workplaces can be very toxic environments - the boss wants to charge heaps and pay out zilch, other workers want to be boss cocky and get rid of their aggression and win the fight they started last night with the family and some workers just want to get on with their life and earn a quid. For the most part, the people who administer the Occupational Health and Safety laws are underfunded and gutted out (and have their own issues). Speak to the Union.

 

 

[facthunter]

Sounds like typical middle management to me. Situation normal. Nev

 

 

[Ultralights]

get as much evidence as you can, and see the company Human resources manager, they are obliged to help you, and keep things anonymous

 

 

[dazza 38]

Take the bloke out the back and hit him over the back of the head with a blunt instrument .

 

 

[PA.]

When he is laying on his back under a forklift place a large welding clamp on his wedding tackle. Make sure you are wearing shoes that can not be identified as that will be the last thing he sees before his eyes water over.

 

Good luck and don't let the welding clamp pinch your fingers as that would hurt big time.

 

(This was done by a young apprentice to the workplace bully, he never bullied anyone again after this.)

 

 

[keith.b]

I don't think you can keep you employer out of it? (from my days as middle management)

 

I think you have to go through your manager / HR first to resolve the issue before you can go further, as the employer has to have a chance to resolve it under workplace grievances. Under the law your employer is legally responsible to provide you a safe and bully free work environment.

 

I would keep records about encounters / incidents, report them you manager or HR, don't just report it, TELL manager / HR what outcome you are trying to achieve, and if this can't be resolved in-house, then you'll be forced to take the matter further... by reporting it (which ever gov dept that handles work related disputes in your state).

 

Where every possible keep a paper trail, diary entries of bullying, whom it's been reported to, outcome, meetings etc... keep good records, if it is taken to a tribunal then you'll be in the best position for a favorable outcome..

 

If all else fails maybe follow dazza 38 advice....

 

Good luck..

 

Regards Keith

 

 

[SDQDI]

When I lived out west we did our shopping in Griffith and they had a policy for troublemakers it was the three S's

 

Shoot, Shovel and Shut up. (Was actually told this by detective when asking what we could do about trespassers)

 

But on a serious note the first step would obviously be make your disapproval known to said work'mate' and if that didn't change his/her attitude then next step would be to take it to management and if that all failed maybe a look in the job classifieds? (Not an easy thing to do in a lot of situations but work is a lot better when working with a good team and maybe a new team would suit you?) doesn't seem fair when you aren't the problem but if your management isn't willing to help you when times are tough chase better management

 

Blunt instruments give a lot more satisfaction:poking:

 

 

[facthunter]

You might win the battle but lose the war. You do have entitlements and today there are set processes that must be gone through and that is how it SHOULD be. You MAY still be better off leaving and it may be the best eventually but IF you feel that it is worth while go for it but have your eyes open about the outcome. It shouldn't happen but it is unfortunately very common. I experienced it for years. Nev

 

 

[Hongie]

Might I ask what sort of job/workplace you are in, and the "Bully's" position relative to you? Boss? Subordinate? or equal footing.

 

As the others have said, you really don't have a choice but to involve the employer (legally speaking). That being said, I've been in very similar situations, and I'm not known for my tactfulness, and after a few choice words, sometimes bullies realize that you will not be spoken down to etc, and come around, so to speak. I personally would rather approach the person and have it out with them initially, and if that doesn't work, escalate to direct supervisor, and upwards if necessary. Be sure to have a witness to any and all interactions you have with bosses, and the problem individual. Record anything, be that with a notepad or phone etc. A diary becomes legal evidence in such situations I'm lead to believe. I'm not sure on the legality of audio/video recording without someones consent or knowledge.

 

If you are a member of a union, speak to your delo or rep.

 

The above it my opinion only, and does not constitute legal advice. I am not a lawyer.

 

 

[Jabiru Phil]

I have always been of the opinion that you should " love your job" if not, get out of there.

 

I guess that financial circumstances play a part in this scenario by what has been revealed so far.

 

Personaly, I would confront the bully with my grievances and take notes of their response and any further hassles referred to the supervisor / manager

 

You don't need this. Imagine if you were working in a machine operating environment where safety was a priority. Could be big problems!

 

IMHO

 

 

[daddy-jake]

Speak with your Health and Safety Officer in confidence. They have an obligation to act, they have to tools and resources to respond. Everyone is right when they say you can't get work involved. They already are by not providing you with a safe and secure workplace. You need to meet with your Health and safety rep/Officer. Provide them with documentation of your complaint, have them provide you with a signed copy that they have received it. In it have them specify a timely manner to respond. If you don't get a satisfactory response from them escalate your complaint to Fair Work. Document,document document. P.S. The above is qualified advice. I am a qualified Workplace Health and Safety Officer. For WHSO's a gentle reminder to management that these issues can cost them 2 years in full wages while someone is on stress leave and result in 1/4 million dollar pay-outs is usually persuasion enough to have these matters addressed.

 

 

[kgwilson]

People who act in the manner described usually have very low self esteem & do what they do for personal gratification. The advice above about talking to WHSO people is good. If you can not do this or you do not have a company structure you trust to deal with the situation, discuss the problem with your workmates who have been bullied also and collectively confront the person. Again if you cannot do this the best thing is to completely ignore this person. They thrive on reaction and so far this is working. If you do not react & just walk away it drives them crazy. The situation may get worse until the person finally realises that the required satisfaction from your reactions is not happening & they usually give up.