OT - Racisim and verbal abuse at work -- advice please

[Ozboc]

Greetings guys - though i would ask here as some of you are from legal background.

I quit my job this week as i had simply had enough of my Maintenance manager- i had the displeasure of working under his management now for 8 months and in this time , I and others have been witness to his Racist comments( i am a white Australian born here btw) , VERY nasty verbal abuse which was daily occurance and many OH&S abuses. I was given a Production Line that i had to commission within 4 days and the previous one took me well over 2 weeks and was almost identical - i was given help in the first -for the second install, My Manager informed my work buddies that i was NOT to be helped in any way. ( upper management was under the impression that ALL maintenance were helping me)

I met with the Owners son of the Company and the new GM this week and gave them a 4 page summary of some of the more serious breaches of the OH&S act and asked for action to be taken . I dont think anything has been done

Now where can i go from here , i don't want my job back - i am just concerned for the other people working there and the fact they should not have to deal with a person like this in the work place - do i now go to Department industrial relations and OH&S and if so - how do i go about it ?

your comments please

Boc

[simmo]

I'm sure there are some free legals via the goverment services, if not in a union, go for there hip pocket its the only way they will take any notice, then heads will roll

[BUSGO]

Any employee can report direct to WORKCOVER in NSW any breach of OH&S that they think is a safety issue.
The first option it to report it via direct line of command at work and if action is not taken, go to workcover.
As for retiring due to unfair work pressure, there is also a case to be answered by the company if you can prove it.
It is common practice to reduce numbers in the workforce by imposing unrealistic demands on employees who would decide to leave rather than face the extra pressure.

(This advice is from my wife who is a senior HR exec)

[kawasuki]

Greetings guys - though i would ask here as some of you are from legal background.

I quit my job this week as i had simply had enough of my Maintenance manager- i had the displeasure of working under his management now for 8 months and in this time , I and others have been witness to his Racist comments( i am a white Australian born here btw) , VERY nasty verbal abuse which was daily occurance and many OH&S abuses. I was given a Production Line that i had to commission within 4 days and the previous one took me well over 2 weeks and was almost identical - i was given help in the first -for the second install, My Manager informed my work buddies that i was NOT to be helped in any way. ( upper management was under the impression that ALL maintenance were helping me)

I met with the Owners son of the Company and the new GM this week and gave them a 4 page summary of some of the more serious breaches of the OH&S act and asked for action to be taken . I dont think anything has been done

Now where can i go from here , i don't want my job back - i am just concerned for the other people working there and the fact they should not have to deal with a person like this in the work place - do i now go to Department industrial relations and OH&S and if so - how do i go about it ?

your comments please

Boc

what did they say?????

[Gordo]

Go straight to workcover...don't hesitate. It is the responsibility of the workplace to ensure that you have a safe place to work. It sounds like a legal definition of bullying which is outlawed (at least in South Aus).
Don't bother with a union BUT do go to a doctor and tell him you have trouble sleeping, can't stop having thoughts about the situation intruding into you normal day, and that you are having trouble with your anger about it all. The doctor mightn't prescribe anything for you but he will have a record of you medical response to the bullying.

[BabyBusa]

Hi there

Sorry to hear of your unfortunate situation.

I hope that you have a copy of your 4 page summary of breaches and other any other reports or notes regarding the breaches and any other issues.

Regarding the OHS Breaches:
You can report them directly to WORKCOVER, as stated above, and be sure to stress the fact that you are not reporting the company because you are a disgruntled employee but you are concerned about the serious OHS breaches and their potential i.e. loss of life etc. If you have any proof of these breaches i.e. photos, written documentation etc, these may also assist you. The report to WorkCover can be made over the phone or at a WorkCover office.

Regarding the 'bullying'
You can report them to Industrial Relations. What will assist you is any documentation, for example reports, emails etc, or witnesses that can back your side of the allegations. Again this report can be made over the phone or in person. The Industrial Relations Commission will review your claim and evidence and decide if the company has a case to answer. If this is so, then the company will have a chance to respond and so begins the 'fight for justice'.

I'm not a legal eagle, but I am a National OHS Manager that has had dealings with both WorCover and the Industrial Relations Commission.

I wish you luck, and if I can assist you further PM me.

[BLACKZOOK]

Sexual, Racial or religious persecution/descrimination should not ever be tolerated.

Tell those poofter, heathen worshipping wog carnts to fu*ck off.

[2wheelfreak]

Bullying, harrasment (sexual, race or in general) & discrimination are all illegal in the work place. If you have documented prrof or witnesses, go for it!

[steventh]

Hi Ozbock,

Sorry to hear about what happened.

Contrary to what the others have advised my suggestion to you is to put it down as a bad experience and get on with it.

Firslty, which issue are you concerned about? the OHS or the bullying? Or is it both?

On the OHS, go to work cover or union. You have provided a four page report for them to action. did you report this while you were working at the company? If not it is easily seen as being the vengeful action of a disgruntled employee. Do you have witnesses?

As for racism? You were not the target even though in the Discrimination act you do not need to be. Did you report it at the time? If not why not - again my note about disgruntled ex employee. do you have evidnece, emails etc. I would not rely on your workmates backing you up.

Finally, you dont want your job back so why bother? Talking from experience you will take a lot of time, it will continue your feelings of frustration and even if you "win" what outcome do you want (if you dont want to get back there).

Additionally, being engaged in an action while looking for another role will not be an attractive proposion to a potential employer.

On the new emplyment phase a bit of unasked for advice ( you may already have a new role) - again from experience as I worked in recruitment for a short while. Do not mention this issue in interviews. I can garantee that any display of animosity to yor previous employer will get you removed from any short list. If you left on bad terms find someone who will give you a good reference - perhaps the bosses son.

A bad work experience is like a bad marriage. People behave basically in one of two ways, only one of which is constructive;

Group 1 harp about it, extend their misery, make others miserable and then wonder why they never get any action (again been there, done that)

Group 2 take a deep breath, suck it in and continue with their life without bitching about their ex.

Its better to be the second.

My two cents worth.

Cheers

[DjPete]

Go for it buddy.
You obviously quit and don't want your job back because you don't want to work under these idiots.
You have a very easy case to me.
Especially if their has been enough harassment to fill 4 pages.
I have seen the pressure tactics big business can and do use every day.

Document everything, see if you can get witnesses and away you go.
I wouldn't back down at all, if only for your own peace of mind that you stood up for yourself being unfairly treated.

Don't let them get away with it.
Pursue it and they wont and at the end of the day you will think to yourself a bit of justice was just done there, I'm proud of myself..

[lee8sec]

Iam not from a legal back ground but on the OH&S deal contact work cover, no one should work in a unsafe enviroment. You may be able to do it without giving your details.

As for the abuse part, with out good backup or other complaints it may be hard to do. Leigh

[Ozboc]

Thanks all - i will wait till the end of the week -- then shoot eh Gm an email asking what has been done --- if no reply - will pursue further

Boc

[simmo]

Sexual, Racial or religious persecution/descrimination should not ever be tolerated.

Tell those poofter, heathen worshipping wog carnts to fu*ck off.

Glad to see your still holding back Blackzook, I wish you would speak your mind sometimes, I did notice the modified edit key was used, lucky thing that button

[#CAS#]

Many years ago I had an apprentice who earned his trade certificate and decided to go out and find a better place. And as some bosses are keen to do, they took advantage of the young fella. They had him working in unsafe conditions and were under paying him. I told him to go to work cover and report the scum bag as well as contact the union. He did this.
When work cover showed up there were 3 guys on a fork lift, 1 driving and 2 sitting on a piece of pipe off the back because the weight it was lifting was too heavy, there were un tagged power leads across the workshop floor, unlicenced machine operators, etc.
They recieved a $150,000 fine, he went into the bosses office and resigned then told him he should have bought the exhaust fans he asked for, they were only gunna cost $5000.

Report him to Work cover, they will sort it out for you.