In an overwhelming victory for our member Chief Magistrate Hart found that:
“The treatment of the Applicant (Melinda) by members of the Respondent’s (Linfox/Armaguard) management team constitutes bullying and harassment in the workplace in my view. Notwithstanding the fact that representatives of the Respondent were well aware that the Applicant was suffering from a stress and anxiety disorder she was treated without consideration or even common decency.”
Melinda Gadd was a conscientious employee of Linfox for nearly five years when she suffered a workplace injury in August 2003, requiring time off work and resulting in her not being able to return to her pre-injury duties.
Rather than her employer taking the necessary steps to find suitable duties, Chief Magistrate Hart found that “it would appear someone within management ... adopted the cynical view that it would be in (their) interests for (Melinda) to leave her employment.”
Melinda’s nightmare of bullying began - there was an attempt to bully her on to night shift at a meeting where she was given no opportunity to have union representation. She was given the isolation treatment, left without support or assistance, transferred to Auburn where she did not even have a place to work.
Having to work in a corner of her supervisor’s office which she had to vacate whenever he had to use it she found herself on one occasion sitting in her car on the street as there was nowhere else for her to work. This treatment was apparently intended to make her feel insecure, useless and unwanted.
When this appalling treatment did not cause her to resign she was called into a meeting WITHOUT notice and criticised for her work performance, which caused Melinda to suffer a serious anxiety attack leading to her being hospitalised and also to her not working for a period of twelve months.
As Melinda was unable to speak to her employer and received medical advice that a return to work for them carried a risk to her health she gave her father Power of Attorney to deal with Linfox/Armaguard on her behalf.
The Long Service Leave Act 1955 provides that employees working over five years are entitled to LSL when terminated by an employer or if the employee resigns for reasons of illness or domestic necessity.
Linfox argued that they did not need to pay Melinda pro rata long service leave because she adandoned her employment.
Chief Magistrate Hart found that by finding alternate work on 2 April 2005 Melinda had “constituted a resignation ... as a result of illness or domestic or other pressing necessity” and ordered that Linfox/Armaguard pay Melinda her pro-rata long service leave for the period 7 October 1998 to 1 April 2005.
Are you being Bullied at Work?
Bullying at the workplace can take place in many ways. Check our article on page 8.
If you believe you are being bullied at work please contact the USU on 1300 136 604.
