Key Phrases & Concepts
Adverse Action
This concept, a key principle to feeling and being both safe and protected in a work context, is the right to be free of adverse (negative) outcomes. That is in the course of a worker’s duties, as an individual, after a work issue has been raised. Long story short, raising an issue or concern at work should not lead to differential treatment. Examples include the employee terminated and forced to resign because they are placed in unsafe circumstances; are injured in the course of duties; alterations to the employee’s position and/or location of work; and acts of discrimination to name a few.
The workplace strength associated with this definition and skill set is:
COURAGE
Asserting yourself after being exposed to ongoing abuse at work is a challenge. The cycle of abuse is one that leaves you second guessing what you say and do, sometimes even how you think. Obtaining an external perspective on the situation can give you the courage you need to assert yourself in a safe way. Generally, it is best achieved using a third party professional, such as a legal advocate, lawyer or even via the intervention of your doctor. Options for support do exist but it requires courage to open up about your experience after being treated badly by a person, even people, you once trusted.
PINK COLLAR WORKERS
Bullied at Work
The Dictionary section of the Fair Work Act 2009 (Cth) outlines bullying in subsection 789FD(1).
It is a complex definition and a challenge to understand. One of the fastest ways to understand what bullying is, and is not, is via the guidelines on the SafeWork websites. These are linked in the Workplace Resources section of the site and are state-based legislation, not federal.
The workplace strength associated with this definition and skill set is:
CURIOSITY
This is critical when exposed to a workplace bully. You know they’re undermining you, have discredited your reputation and diminished your confidence but cannot quite pinpoint it, yet. They have targeted you and, most likely, your future career too.
It takes curiosity to navigate the legislation when your head is filled with brain fog. Examples of what bullying is, and is not, is included in documents by regulatory bodies such as SafeWork, make it easier. The Bullying Benchbook has case law (prior cases) to tease out complex aspects. Sometimes reading these overviews will help you find relevance to your situation and identify areas where basic requirements are not being met. Mostly, you know you’re not alone in the experience of bullying and harassment.
Let your curiosity click on new links, read into areas you didn’t know existed and see where the journey takes you. It is lived experience that has us here, at Pink Collar Workers, talking on the topic, to help to support you.
PINK COLLAR WORKERS
Constructive Dismissal
Unfair dismissal is when your employment is ended or terminated on your employer’s behalf. The other level of brain drain is constructive dismissal. This is where you’re forced to resign because of adverse (negative) circumstances. The skill set with this is one has been developed through the pain of a worker in trauma. You know you’re doing the right thing, but it’s for the wrong people at the right time.
The workplace strength associated with this definition and skill set is:
SILENCE
Contemporaneous Evidence
The most crucial component of your bullying experience is contemporaneous evidence, as ‘occurring at the same time.’ It happens at work. You go home and write it out.
Time records that are documented at the same time the event occurred.
Law insider
The time period noted is within ten business days. In reality, the sooner the better. In the real world, whenever, but the more you distance yourself from the event, the harder it is to recall the details. And, as they say, the devil is in the detail and the detail is best dealt with in the minute and moment.
The workplace strength associated with this definition and skill set is:
PATIENCE
This skill is critical when faced with a workplace bully. They have targeted you and, most likely, your career.
It takes patience to document but by being patient with yourself, despite the external onslaught, that patience will flow onto others around you.
PINK COLLAR WORKERS
With time comes lessons, with the lessons you gain freedom.
PINK COLLAR WORKERS
Serious Misconduct
This one is so common, of such a grave nature, we are sharing the legislation, to break it down, as well as a link to the Fair Work Regulation 2009 (Cth). Many key pieces of legislation have supporting material, in addition to case law based on the facts of the matter. In this case, the Regulation falls under the Act, at the same time the Benchbook assists with decision-making. In this case, Serious Misconduct is defined in Reg 1.07 of the Regulation and is also summarised in the Benchbook.
Subsection 3(a)(i) or 3(a)(ii) or 3(a)(iii) or 3(a)(iv); or
Subsection 3(b); or
Subsection 3(c).
There can be cases where more than one of the above occurs, such as intoxicated at work, to then go on and assault or sexually assault a coworker.
The workplace strength associated with this definition and skill set is:
SPEAK
As you navigate your way out of the place of employment you may be called upon to view situations from a higher perspective. Change is the only consistency in this area of law. Seek professional advice.
PINK COLLAR WORKERS
Sexual Harassment Order
Changes in the Australian employment arena have led to the introduction of a Sexual Harassment Order. The recent addition, towards the end of 2021, make it hard to anticipate how these will be assessed, adjudicated (that is, decided upon by the employment courts) and implemented in the workplace. It is a significant shift in culture and that is letting perpetrators of sexual abuse know there is a line. To understand the differences, you can read more of the definitions on the Fair Work Ombudsman website but we’ll capture the workplace strength here as our priority.
The workplace strength associated with this definition and skill set is:
PERSEVERANCE
A person who lacks respect for themselves will turn this inner hate outward and harm others. At work, it is imperative to be safe from sexual harassment.
PINK COLLAR WORKERS
Stop Bullying Order
Employees see a Stop Bullying Order as the ultimate in workplace empowerment. They are an essential part in putting a bully in their place – accountable, in writing and with protective measures in place. Employers use a variety of methods to discourage employees from having a Stop Bullying Order imposed because it does not reflect well on them as a corporate entity. There are even instances that an employer will terminate employment, sometimes just before the hearing in the Fair Work Commission, to avoid the imposition of any Order. It’s uncommon and uncool but does happen. Keep in mind, if this did happen you would then have grounds to run an unfair dismissal. It is obvious why the workplace skill applied here is so useful in its assistance with your workplace bully.
The workplace strength associated with this definition and skill set is:
TENACITY
Determined is one thing but tenacity is other level. You need a strong sense of self and the knowledge you are worth more than what is being done to you. You are. Begin at the start, structure your evidence with the intention to demonstrate the damage being done to you and see where you end up. You might be pleasantly surprised by how strong you are.
PINK COLLAR WORKERS