Discrimination and Bullying in the workplace

[SSDVL!]

Hi All,

I used to work full-time as a maintenance officer untill i resigned on the
23/06. The reason behind the resignation was an of an incident that occured on the 22/06.

22/06 Tuesday : I was at the facility when i noticed that part of a false ceiling was sagging and was looking at collapsing. It took me over a span of a day trying to contact the guys that did the work to refix it. Story short i had to organise a scissor lift from kennards and have it delivered by the morning for these guys. As it was coming to the end of the day i rang kennards to get a price, in the room with were 2 head of dept managers and club manager and trainer. Now because i had to pay for it out of my own pocket and then wait forever to have it reimbursed (2-3 weeks later) and because i had the guy on the phone i asked the managers in the room if they could book it on the card, but when i confirmed that kennards would take out the payment straight away then everyone refused which is fair enough. My next point of call would be my national manager that i answer to and get him to pay for the lift, whilst i was dialling his number one of the managers in the room turned around and called me a "shifty fuking lebo", calmly i asked him what the? because i didnt want to use my card i was making someone else yours theirs. At this point i lost it, i said:

"Its ok when things get fixed and it comes outta my pocket and im late with rent, car payments, cancelling trips with my kids cause i dont have money, but as soon as i ask for help to keep the club safe then i'm classed as a "shifty fukn lebo" as if i was pocketing the money myself, i quit"

Then i left for the day, keeping in mind that these managers have no authority over me, only the national manager.

23/06 Wednesday my national manager calls me and not even a hello asks me "where the fuk is the van and tools, i want them back in fitzroy today" he told me that the managers put a complaint through and if i was to quit then he wanted me gone and if i didnt go then it wouldnt be worth me staying there, but what the managers failed to tell HR what triggered the outburst of being discriminated against. As i saw no option i resigned and made it affective that day and they would pay me out 2 weeks in adavance. i returned the van....25/06 friday with all tools.

Now today he has been sending me messages about tv brackets that have gone missing, 3 weeks after i havent been there...i kept telling i didnt know what he was on about....he called me a jerk and told me if i didnt play nicely that he wont pay me out $800 of outstanding expenses and now i would have to wait 2 weeks for him to check the contents of the van to make sure all was in there and if it wasnt then he wasnt paying me a cent . In total that is 5 weeks i wouldnt hd access to the van and tools and called him on it saying that anyone can take what they want and he can say i took it.

This is the biggest rant, but i really dont know where to go to complain and seek my money back and compensation....really need help fellas and gals

cheers ed

[timy]

i think that you should seek advice from a lawyer, say that due to being discriminated against you made an irrational decision which resulted in financial difficulty on your behalf and reimbursements for the 2 weeks pay that you should get..

but at the end of the day its your word against his, and most likely all the other managers will side with him as they would not want to risk rocking the boat on their own behalf..

maybe write it off as a bad experience and move on..

[Ellistwo]

I don't know about it being discrimination, but using that sought of language is just plain insulting. Union my son, contact the union even if you're not a member.

[Daves ss]

Thats crap, but next time you call or hear from him I would make sure the call is recorded so if it goes nasty, you have proof...

[hardaz]

im not sure what to say about this but i was wondering if your still looking for a job? my girlfriends, sisters, boyfriends dad (wtf lol) is part owner or something of a union steel fixing joint (sas steelfixing) and they were and i think still are looking for someone.

[SSDVL!]

i think that you should seek advice from a lawyer, say that due to being discriminated against you made an irrational decision which resulted in financial difficulty on your behalf and reimbursements for the 2 weeks pay that you should get..

but at the end of the day its your word against his, and most likely all the other managers will side with him as they would not want to risk rocking the boat on their own behalf..

maybe write it off as a bad experience and move on..

I have been paid out the 2 weeks, but its my expenses that im still owed for. I honstly agree with that i should right it off as bad experience, but after todays episode, fukem all....they forced me out and insult me after 3 yrs with them, they arent gonna getaway with it. In regards to a laywer does anyone know who deals with these types of cases??


Thats crap, but next time you call or hear from him I would make sure the call is recorded so if it goes nasty, you have proof...

Initally he tried calling and didnt pickup....he then sent an sms and made all converstaion was in sms, anytime he'd call i wouldnt answer....i have retyped all the messages in a script form.

[lowfly]

Yeh mate get on to a lawyer, even legal aid, they might want you to pay for a lot of stuff that they used on other jobs and got paid for !

[hardaz]

pm me if you want

[rodp]

I don't know about it being discrimination, but using that sought of language is just plain insulting. Union my son, contact the union even if you're not a member.

Calling him a shifty fuken lebo and making the assumption he's trying to rip the company off as well as steal isn't discrimination? Harsh critic.

I'd be looking at a legal option if it were myself, I'm sure there's a fair compensation claim in there somewhere and would only be twice as sweet to stick it up them - I'd be peeved if it were me receiving similar treatment.

[dawkinsdisciple]

thats bullcrap mate

we all have our prejudices whether we know it or not but the least we can do is keep them to ourselves...

as said, if its really getting you i'd be trying to contact a lawyer - there'd have to be a few on here.

the obvious caveat is that it'll doubtless put you further out of pocket initially and even then theres no gaurantee you'll recoup losses putting you potentially further out then if you'd just walked...

best of luck either way chief

[SS Enforcer]

Hard one as a claim for unfair dismissal has to be lodged within 14 days and coercion to resign comes under that heading I believe.

http://www.fwa.gov.au/index.cfm?pagename=home

Give them a ring on 1300 799 675 they will let you know where you stand legally on this matter ... even if you are a "shifty fuking lebo" :goodjob:

Good luck with it mate.

cheers

[COSMOS]

As one shifty fu(en lebo to another - call FWA and the Anti-discrimination board. They love this sort of stuff and will give you decent practical advice for free.

Then call HR at your old work and lodge your complaint and inform them you will be referring it to ADB and FWA. Also if you can retain those texts or messages that would help you a lot.

[Hammer]

go speak to yoru union deligate or call the ombudsman up hell screw ole mate up as he has a legal right to pay your legal earnings

[ssv402]

Report it to everyone you can and they will get screwed as they deserve to be. SSDVL sounds like you got out of there at a good time anyway :) Just goes to show though, never do a workplace favours that put you in a bad place such as with the bills as you mentioned, they will 99% of the time never do the same back, they will come to expect it and then will be just as you copped unfortunately.

All the best with the issue though, notify the union, at least then they know to watch out for them.

[BEARWOOD]

Might turn into a tricky one for you as there was 2 of them and 1 of you so it might be a case of your word against theres.

Heres my thoughts on descrimination these days, people are to sensitive and take everything to heart, who gives a fu(k that he called you that, are you 6 in the playground and got your feelings hurt? Look at the drama you now have, tell them to get ripped and go about your day, if it helps you call them a name back (that will teach them). This is the society we live in today, everyone is getting way to fu(kin soft and whingey, they are only words. No wander the governments & workplaces etc are implementing the type of laws they are when people complain about everything. This isn't a direct dig at you, more how you handled it. Is it descrimination if i get called a "shifty aussie"?

[Ellistwo]

Calling him a shifty fuken lebo and making the assumption he's trying to rip the company off as well as steal isn't discrimination? Harsh critic.

.

I guess it's what you consider discrimination as opposed to plain old fashioned racsim, bigotry and bad mouthing. e.g. I'm sure a lot of poms have had to put up with similar or worse language.

[Scommo]

Mod Edit - Scommo - Pull your head in, or you'll get a nice holiday - everyone is entitled to their opinion if it is reasonable and expressed fairly. Your response was not.

[BEARWOOD]

..........

[Martin_D]

- Cant we all just talk about Commodores? - :eek:

[rgmast]

- Cant we all just talk about Commodores? - :eek:

Some Pom at Elizabeth probably built mine :jester:

[SSDVL!]

Im not going to use direct quotes, but will cover most that i can as im not trying or wanting to start fights....i really just need advice on who to speak to and hlp i can get......

I agree to an extent that society has been become soft and overlly "politically correct" etc etc.... i resigned now almost 3 weeks ago and decided that i'd put it all behind me the second day after i left and looked at the positives that have come out of them...but after yesterday and the continued abuse then the threats of retaining my money for no reason at all has pushed my fukn buttons....

I will always step back from a confrontation and think before i act and never use decisions in haste, but work out whats best for me and my family. Were does the line get drawn as to what is acceptable behaviour and what is acceptable language and abuse before we stop sitting on our hands and stand up for ourselves......

I will never turn around to my 3 girls and let them down when they need help from being bullied and abused in their workplace etc etc and tell them its ok "suck it up". I will never turn around to my sister after she got punched in the face by her exhusband and tell her it was only once and it didnt leave a mark to "suck it up"........

What i wrote in my intial post wasnt even close to the tip of the iceberg of what i have put up with over 3years, i put up with it as i had financial commitments, i have a young family and trying to rebuild my life from a divorce and like an abused spouse you put up with it for so long cause someday things will get better til you bite the bullet and finally leave and it isnt til then that you realise it wasnt so bad taking that step.....

Ed

[Speedy Gonzales]

Do you have dates, times, record of what was said, when, where, how and witnesses?

Phone logs? Sms logs? Photos, videos, emails, letters, records of conversations which you were party to?

If you do, you have a strong case and Id be contacting a workplace lawyer as well as lodging a complaint with WorkSafe, workplace bullying and discrimination is a HUGE OHS issue in Vic (especially after what happened to the girl who was bullied to commit suicide, Cafe Vamp in Hawthorn if anyone remembers), its UNACCEPTABLE and should not be tolerated.

EVERYONE has the right to go to work and do their job without being harassed.

There is a window of opportunity to file for unfair dismissal, which does also include leaving due to coersion, its on the WorkSafe website.

[SSDVL!]

Do you have dates, times, record of what was said, when, where, how and witnesses?

Phone logs? Sms logs? Photos, videos, emails, letters, records of conversations which you were party to?

If you do, you have a strong case and Id be contacting a workplace lawyer as well as lodging a complaint with WorkSafe, workplace bullying and discrimination is a HUGE OHS issue in Vic (especially after what happened to the girl who was bullied to commit suicide, Cafe Vamp in Hawthorn if anyone remembers), its UNACCEPTABLE and should not be tolerated.

EVERYONE has the right to go to work and do their job without being harassed.

There is a window of opportunity to file for unfair dismissal, which does also include leaving due to coersion, its on the WorkSafe website.

i have logged all the above and have made a special folder/portfolio on all events, i got into work emails and printed pages of emails before they changed the pass word.... i do remember that poor girl, i never want my family going through....for months i was depressed, come home from work and go off at the kids for no reason, lost any ambition to even change the tv etc.....depression is a dangerous thing

[weedo_86]

Dont go down without a fight man, Just keep swinging stand up for the little guy

[Speedy Gonzales]

i have logged all the above and have made a special folder/portfolio on all events, i got into work emails and printed pages of emails before they changed the pass word.... i do remember that poor girl, i never want my family going through....for months i was depressed, come home from work and go off at the kids for no reason, lost any ambition to even change the tv etc.....depression is a dangerous thing

Definately.

Mental state can be unbalanced which can cause errors and mistakes to happen on a work site which can prove not only dangerous to those you work with, but may prove fatal as well and expose the public to risk and massive liabilities for an employer.

Elevated stress will cause chemical imbalances which will affect your health, blood pressure, loss of sleep, loss of appetite, nausea, dizzyness, panic attacks etc

Depression is not a normal mental state, did you see a doctor and have medical records? Sick leave records? Stress leave? Med certificates?

I make sure that I have all my bases covered every time I enter the workplace, I dont work if it means putting my health at risk, and I will not follow instructions if it means putting my health at risk, thats the example everyone should follow.

[BEARWOOD]

Im not going to use direct quotes, but will cover most that i can as im not trying or wanting to start fights....i really just need advice on who to speak to and hlp i can get......

I agree to an extent that society has been become soft and overlly "politically correct" etc etc.... i resigned now almost 3 weeks ago and decided that i'd put it all behind me the second day after i left and looked at the positives that have come out of them...but after yesterday and the continued abuse then the threats of retaining my money for no reason at all has pushed my fukn buttons....

I will always step back from a confrontation and think before i act and never use decisions in haste, but work out whats best for me and my family. Were does the line get drawn as to what is acceptable behaviour and what is acceptable language and abuse before we stop sitting on our hands and stand up for ourselves......

I will never turn around to my 3 girls and let them down when they need help from being bullied and abused in their workplace etc etc and tell them its ok "suck it up". I will never turn around to my sister after she got punched in the face by her exhusband and tell her it was only once and it didnt leave a mark to "suck it up"........

What i wrote in my intial post wasnt even close to the tip of the iceberg of what i have put up with over 3years, i put up with it as i had financial commitments, i have a young family and trying to rebuild my life from a divorce and like an abused spouse you put up with it for so long cause someday things will get better til you bite the bullet and finally leave and it isnt til then that you realise it wasnt so bad taking that step.....

Ed

Ok, theres more to the story by the sounds of it. It sounds like these blokes are just assholes and it wouldn't matter if you are of Lebanese descent or not. The comments made by a few employees would not be the voice of the company so the discrimination thing may not hold. do what you can to get your money back but i'm sure you don't want your job back do you? I'd leave the descrimination thing out of it and just concentrate on getting what your owed.

[SSDVL!]

Ok, theres more to the story by the sounds of it. It sounds like these blokes are just assholes and it wouldn't matter if you are of Lebanese descent or not. The comments made by a few employees would not be the voice of the company so the discrimination thing may not hold. do what you can to get your money back but i'm sure you don't want your job back do you? I'd leave the descrimination thing out of it and just concentrate on getting what your owed.

There are points throughout your posts i agree with mate.....and with my last post i didnt write to certain posts individually cause i know that all facts haven't been presented and the extent of bullying and so forth....i still look forward to any input bear you have mate

cheers ed

[Tecca]

i have logged all the above and have made a special folder/portfolio on all events, i got into work emails and printed pages of emails before they changed the pass word.... i do remember that poor girl, i never want my family going through....for months i was depressed, come home from work and go off at the kids for no reason, lost any ambition to even change the tv etc.....depression is a dangerous thing

Mate i feel your pain, i was in the same situation for over 3 years. Worked at a shit small time company where i bloody worked my ass off only to get bullied, mistreated, getting harrased. I went under workcare as i injured myself at that place and the boss was trying to blame "me" for doing it on purpose! i stuck it out for 3.5 years and then got fed up with the conditions and i found a new job where i am very happy!!!

It's all about you being happy where you are mate. IMO it's not worth going to court over! just go out and find a new job and fark the other place. Sounds like they don't deserve your help at all.

[storm vy]

What i wrote in my intial post wasnt even close to the tip of the iceberg of what i have put up with over 3years, i put up with it as i had financial commitments, i have a young family and trying to rebuild my life from a divorce and like an abused spouse you put up with it for so long cause someday things will get better til you bite the bullet and finally leave and it isnt til then that you realise it wasnt so bad taking that step.....

....for months i was depressed, come home from work and go off at the kids for no reason, lost any ambition to even change the tv etc.....depression is a dangerous thing

Ed

I know how you feel mate, been through a similar thing, stuck it out for over 5 years, it even caused me to lose a 5 yr relationship in the last couple of months, very long story short my boss decided and even said to me 'you've got nothing to keep you here any more, nothing to stay at home for so you might as well work away next week' Also took my work car off me after promising i wouldn't be stuck without a car (sold my car to buy a new one but broke up and had to pay the house by myself so couldn't afford a car) Doesn't sound like much but like you said its only the tip of the iceberg of whats happened in the last couple of weeks let alone years, no one deserves to be spoken to the way i was (a lot more was said that i don't need to mention here) Especialy when im dealing with what i was/am dealing with. Went out to speak with my boss about it all when everyone had calmed down, and basically got told that its just me, i just wasn't thinking straight cos of everything that was going on and wouldn't usually think anything of it. Said if i didn't like it i only had one option, so i started to look for new jobs, they heard i was looking so long story short i'm no longer working for them. Still don't have a job lined up. got some temporary work with my brother but hope i find something soon, hard enough to pay my house off on my own as it was haha. But it feels good to be out of there, i even inspired someone else there to start applying for jobs.
Anyone know any builders in Albury that need tradesmen? Haha
Nick

[GenReaper]

Call it a loss and Learn from it.

Man up and move on.

Obviously they are pices of Sh't you worked for so your better off out of there. Believe me when you found another job and are happy there you will look back and think that after all that they probably did you a favour by being racits assholes and now they lost a good employee.

Dont let it get to you mate just move on.

Only thing that would worry me if i was you was any accusation of theft.

[Swordie]

If you are member of union I would ask them for advice. I think there is government department that deals with discrimination try giving them a call too.

Legal action is potentially complicated, lengthy and expensive. It could prolong bad feelings. Have a think is it really worth it.

[Oztrack Tuning]

Decent people have decent friends mate. These managers sound like they will probably have pretty ordinary lives with weak sick dishonest friends. Hold your head high and walk away.

[Super Snake]

Make as much noise as you can. Get your money back. Let the whole company know that there are arseholes working there.
I would never take that sh*t from anyone.
Just the thought of you taking this further will shut them up, and get your money back.

[GODSMACK]

Put his car on bricks and steel his wheels.... Oh wait, thats a little too obvious, they will know who did it.... :jester:

[SSDVL!]

Only thing that would worry me if i was you was any accusation of theft.

Out of all this, the least im worried about is the accusation as thy have no grounds to prove it on.... I dropped the van back to the state manager on the 25/06...gave her the keys back, bunnings card (cut it up) and any keys to the buildings returned. When i dropped it off to her it went into her garage and from this date 15/07 i havent seen it or touched. She didnt check the van or open it while i was there. Now the national manager (my boss) he has come down from Queensland a couple of days ago and started getting nasty, mind you i havent spoken to him since i resigned...he stated in one of his messengers that "it will be a couple of weeks before head office can give me an inventry list of all tools n items, if all is ok then you get your 600 buck back" .....another message prior to that read "if you play nicely and not be a jerk then i will sign off on your last expenses. You do need your 600 bucks back mate"

My reply was nothing but polite as i recorded all on my laptop (logged transcript) and said "in total it will be 5 weeks that i hadn't had the van in my pocession, how is it that you can guarantee me that you or anyone else hasnt removed items from the van, thus not paying me my expenses?"

So in regards to theft he has or cannot proof anything as there are huge time gaps before anything was or will be checked..

[SSDVL!]

I confirmd it today that they will not be paying my expenses...so now i will start legal proceedings....anyone dealt with a workplace solicitor that they can recommend?????

[UTESRULE]

u should off when u dropped the van off walked her through the van before u left

[exwrx]

I confirmd it today that they will not be paying my expenses...so now i will start legal proceedings....anyone dealt with a workplace solicitor that they can recommend?????

What are the expenses owed? $600? it is not worth chasing for the money involved. $600 wil buy you an appointment with the solicitor and a letter of demand which will most likely be water off a duck's back when they receive it.

I hate it as much as you do, but write it off and move on. If thy are going to be so petty, then be the bigger man and forget it.

[-shady-]

dont listen to the others, you obviously want to fight this all the way and you should, good luck

[SSDVL!]

dont listen to the others, you obviously want to fight this all the way and you should, good luck

Absolutely am i fighting this now, throughout all this i have been the better man....let it go at the start with what i put up with and when i resigned...WHAT they should have done is not finish me off on the same day as i resigned cause the National manager is an arrogant prick and he didnt want me to work out my last 2 weeks, that was his choice, he should have flown down and collected the van straight away with a printout of the items and tools.....but no he waits 3 weeks later whilst i dont have the van in possession and he decides he will wait another 2 weeks on top of that. They already have employed someone new and probably emptied out the van to stitch me up, he has no right to keep my money.

And im not sure where he got the idea it was 600 when it was 800...regardless even if it was 100 bucks no one threatens me or acusses me of being a theif

[SS Enforcer]

I confirmd it today that they will not be paying my expenses...so now i will start legal proceedings....anyone dealt with a workplace solicitor that they can recommend?????

As has been sugested to you in earlier posts by myself and others contact FWA this is right up their alley. I am a union delegate and in the event your not in a union which I am assuming you arn't this is the best option for you IMHO.

Contact the FWA Help Line on 1300 799 675 to see if you may be able to seek assistance from Fair Work Australia

cheers

[lyle]

[QUOTE=SSDVL!;1759631] In regards to a laywer does anyone know who deals with these types of cases??


Gypsy Jokers and CASH


QUOTE]

[Mainlube]

OK, you can walk away and it will all go away (best option) however.........

If you got your dicks out (ego) and it needs pacifying ......

I can assure you, the most shit you can cause for these guys with the least work from you is ....

Go to the discrimination board, you won't believe the shit it will cause for the owners of the company (they will be harassed by the RDB on what can happen to them, bosses hate this shit, people involved will be in the deepest shit they have ever seen for creating this crap for their bosses) and its such a bad look for any company, can even cost them business.

The discrimination board only exsit for this, even if you don't get a conviction, you'll tie their arses up for 4 of 5 years with court cases and it won't cost you jack.

I've watched this go down personally with amazement, they're like a pit-bull when they latch on.

Bet their little smiles disappear :vpo:

Sometimes ego must be fed (especially when the recipient deserves it)

You had this job to teach them a lesson then move on.

Cheers

Steve

[Thorpey]

Im not going to use direct quotes, but will cover most that i can as im not trying or wanting to start fights....i really just need advice on who to speak to and hlp i can get......

I agree to an extent that society has been become soft and overlly "politically correct" etc etc.... i resigned now almost 3 weeks ago and decided that i'd put it all behind me the second day after i left and looked at the positives that have come out of them...but after yesterday and the continued abuse then the threats of retaining my money for no reason at all has pushed my fukn buttons....

I will always step back from a confrontation and think before i act and never use decisions in haste, but work out whats best for me and my family. Were does the line get drawn as to what is acceptable behaviour and what is acceptable language and abuse before we stop sitting on our hands and stand up for ourselves......

I will never turn around to my 3 girls and let them down when they need help from being bullied and abused in their workplace etc etc and tell them its ok "suck it up". I will never turn around to my sister after she got punched in the face by her exhusband and tell her it was only once and it didnt leave a mark to "suck it up"........

What i wrote in my intial post wasnt even close to the tip of the iceberg of what i have put up with over 3years, i put up with it as i had financial commitments, i have a young family and trying to rebuild my life from a divorce and like an abused spouse you put up with it for so long cause someday things will get better til you bite the bullet and finally leave and it isnt til then that you realise it wasnt so bad taking that step.....

Ed

After reading your initial opening story on what happened i have to say my first impression what jeez here we go another person who is someone other than Aussie so for some reason they cant be called anything as its racist/descriminative or whatever....BUT after thinking about it i realise you were only telling the part that had tipped you over the edge and its a fair call. Stick it up them mate , don't stop and dont give up ! My advice to you or anyone if you are in a work place where you feel like them against you for a multitude of reasons JOIN THE UNION. These people dont get better, it won't go away. I know the union in the past has been way over the top but its the best way to protect yourself.
Goodluck