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The Bad Apple Bullies webmaster has come to the conclusion that what teachers who are dealing with workplace abuse really need is good legal advice.

Teachers - you need good legal advice right from the first moment that your health is affected by the workplace abuse.

You may not realise that your health problems are being caused by your working conditions.

If your health is being affected by your working conditions, you need to make a WorkCover claim.

But go to a good solicitor first.

Get legal advice on the wording of your WorkCover claim.

And be aware that -

You need to ensure that there is a written record of your working conditions before your Bad Apple Bully-Mob realise that you are going to make a WorkCover complaint.

If your Bad Apple Bully-Mob realise that you are thinking of making a WorkCover complaint, they will attack you first.

They will quickly put you on "Managing Unsatisfactory Performance" for some trumped-up reason, and then they will claim that it was this "reasonable management action" that made you ill.

That's how Bad Apple Bully-Mobs "get away with" workplace abuse.

Please note: The Bad Apple Bullies webmaster receives no benefit or payment of any kind from any person or business mentioned on this website.

The webmaster has no legal knowledge at all, and cannot endorse any particular solicitor.

Please use your own judgement when choosing a solicitor.

Gouldson Legal

Janelle Ann Fairley, a Queensland teacher, began work as a LOTE- Japanese teacher at Albany Creek State High School in 2006.

Janelle used the description of bullying behaviours provided in the booklet "Workplace Bullying - An Employer's Guide" to support her complaint that she was being bullied at work.

DA Swan, Deputy president of the Queensland Industrial Relations Commission, found that there had been-

a continued course of conduct by... (Mr Swan named another teacher)... towards the appellant which has been completely unreasonable.

and that-

The injury suffered by the appellant did not arise out of, or in the course of, "reasonable management action taken in a reasonable way".

And he ordered that Ms Fairley be compensated.

Mr R. Lynch, Counsel, was instructed by Mr F. Gouldson of Gouldson Legal for Ms Fairley.

Gouldson Legal offer their services on a No win - No fee basis.

They have a freecall number on 1800 677 923.

Trilby Misso

Trilby Misso managing lawyer Robyn Davies is acting for Christine Gillions, who was a teacher at Ipswich Girls' Grammar.

Christine taught English as a second language, as well as holding a learning support role.

On 25 January 2008 Christine was involved in a conversation with a fellow teacher.

This teacher was serving in the same learning support area.

Documents filed in the Supreme Court by personal injury law firm Trilby Misso show that this fellow teacher grabbed Christine Gillions' left arm with both hands and shoved her backwards.

The court documents show that Christine suffered bruising.

And that she continues to suffer from depression, and an anxiety disorder as a result.

Ms Gillions lodged a police complaint, but after a 10 month investigation, police decided not to lay any criminal charges due to "insufficient evidence".

Christine says she cannot teach again.

Christine is suing Ipswich Girls' Grammar School Board of Trustees for almost $1 million for:

failing to supervise the teacher concerned,

failing to provide training to prevent the teacher from assaulting fellow staff members.

Christine is claiming $883,657 for past and future economic loss, damages and medical expenses.

Trilby Misso managing lawyer Robyn Davies said Ms Gillions’ life had been ruined by the psychological injuries suffered in the alleged incident at the school.

The attack was the culmination of a number of issues Christine faced at this school where she was not supported by the school administration.

“She deserved greater protection and support from the school’s management following the assault,” she said.

Christine was also subjected to threats and intimidation following the alleged assault.

Ipswich Girls’ Grammar school denies Christine Gillions' claim that she was assaulted by a colleague, and that there is any evidence she has sustained a psychiatric injury.

Assault case at Girls’ Grammar, Rob Williams, The Queensland Times, 16 January 2010

Ipswich Girls' Grammar School sued for 'assault on teacher', Natalie Gregg, The Courier-Mail Historical link preserved from the original page.

Ipswich Girl's Grammar School denies teacher's claims, The Courier-Mail, 4 February 2010: http://www.news.com.au/couriermail/story/0,23739,26677685-3102,00.html Historical link preserved from the original page.

Trilby Misso Lawyers -

A 49-year-old female Queensland teacher is suing the Queensland Department of Education.

The teacher alleges that she has suffered years of bullying by the female head of special education services at a special needs school in south-eastern Queensland.

And a 44 year old female teacher's aide at the same special school has made similar allegations.

Trilby Misso Lawyers have issued a statement concerning verbal abuse, violent behaviour, etc.

The teacher and the teacher's aide had both complained to the school principal and to Education Queensland.

But the principal and Education Queensland both seemed to "turn a blind eye" to the situation.

Lawyer Gillian Klanke said that, after years of verbal abuse and intimidation, the teacher finally suffered a completed breakdown.

Trilby Misso Lawyers are preparing a notice of claim against WorkCover.

Teacher sues alleging years of bullying, Angela Harper, 9NEWS, Monday 7 September, 2009.

Turner Freeman Lawyers

Thady Blundell, of Turner Freeman Lawyers, said the firm had acted for two Queensland teachers who developed mesothelioma after asbestos exposure.

Turner Freeman Lawyers are also representing other teachers who have been exposed to asbestos.

Andrew Tobin of Hopgood Ganim Lawyers is interested in the industrial environment in South Australian schools (primarily in the private sector). Historical link preserved from the original page.

The South Australian Supreme Court has awarded almost $400,000 to Mr McDonald, a former school teacher who had been overworked, bullied and harassed. Historical link preserved from the original page.

The court found that the Department of Education and Children Services (DECS) had breached its implied duty of trust and confidence by-

failing to manage the teacher's workload

and failing to respond to the teacher's complaints.

Mr McDonald wrote a letter of resignation on 23 January 2001, stating that he was constructively dismissing himself and would sue the school for constructive dismissal.

Mr McDonald resigned in 2003.

At that time, he was suffering from an adjustment disorder with anxiety and other illnesses.

He maintained he was constructively dismissed.

Decision

The Court decided that DECS had breached its implied duty of trust and confidence, duty of care and duty of good faith to Mr McDonald in:

1. failing to manage, or attempting to manage, Mr McDonald's health and welfare;

2. failing to adequately address Mr McDonald's grievances;

failing to consult Mr McDonald over staffing decisions in the area for which he was responsible (the Court described this as sinister);

4. not clarifying Mr McDonald's role;

5. failing to tell other staff not to ask Mr McDonald to fix computer problems;

failing to grant Mr McDonald an interview for the co-ordinator's position which he had previously performed.

The Court also decided that Mr McDonald had been subject to victimisation.

The school principal had demeaned Mr McDonald when he complained about being victimised.

It was clear to the Court that the school was attempting to force him out.

The Court said that Mr McDonald's resignation in 2003 amounted to a constructive dismissal on the basis that there was an irretrievable breakdown in the employment relationship.

And that it would not have been reasonable for Mr McDonald to put up with the employer's conduct.

This case... highlights the potential actions available to employees faced with victimisation and bullying in the workplace.

Employers considering 'managing out' an employee should think carefully about the implications of these kinds of actions and should ensure any performance management process is handled in a considerate and transparent manner.

Communicating with employees is vital in reducing the risk associated with stress claims.

Australia's Best Value Professional Services Firm - 2005 and 2006 BRW-St. George Client Choice Awards

The content of this article is intended to provide a general guide to the subject matter.

Specialist advice should be sought about your specific circumstances.

Specific Questions relating to the article should be addressed directly to the author, Andrew Tobin: http://www.hopgoodganim.com.au/Profile.aspx? EntityId=103564 Historical link preserved from the original page.

Australia: Employer Breached Duty of Trust And Confidence Damages Of Almost $400,000 Awarded, Andrew Tobin, Partner, Hopgood Ganin lawyers, 28 August 2008: ')); $A(this.attributes).each(function(attribute){ if (attribute.name!= 'name') el.setProperty(attribute.name, attribute.value); }); if (this.parentNode) this.replaceWith(el); }; default: this.setAttribute(property, value); } return el || this; }" setProperties="function(source){ for (var property in source) this.setProperty(property, source[property]); return this; }" setHTML="function(html){ this.innerHTML = html; return this; }" getProperty="function(property){ return this.getAttribute(property); }" getTag="function(){ return this.tagName.toLowerCase(); }" getOffset="function(what){ what = what.capitalize(); var el = this; var offset = 0; do { offset += el['offset'+what] || 0; el = el.offsetParent; } while (el); return offset; }" getTop="function(){ return this.getOffset('top'); }" getLeft="function(){ return this.getOffset('left'); }" getValue="function(){ var value = false; switch(this.getTag()){ case 'select': value = this.getElementsByTagName('option')[this.selectedIndex].value; break; case 'input': if ( (this.checked && ['checkbox', 'radio'].test(this.type)) || (['hidden', 'text', 'password'].test(this.type)) ) value = this.value; break; case 'textarea': value = this.value; } return value; }" hasClassName='function(className){ return!! this.className.test("\\b"+className+"\\b"); }' addClassName="function(className){ if (! this.hasClass(className)) this.className = (this.className+' '+className.trim()).clean(); return this; }" removeClassName="function(className){ if (this.hasClass(className)) this.className = this.className.replace(className.trim(), '').clean(); return this; }" toggleClassName="function(className){ if (this.hasClass(className)) return this.removeClass(className); else return this.addClass(className); }" effect="function(property, options){ return new Fx. Style(this, property, options); }" effects="function(options){ return new Fx. Styles(this, options); }" send="function(options){ options = Object.extend(options, {postBody: this.toQueryString(), method: 'post'}); return new Ajax(this.getProperty('action'), options).request(); }" toQueryString="function(){ var queryString = []; $A(this.getElementsByTagName('*')).each(function(el){ if($type(el)!= 'element') return; var name = $(el).name; var value = el.getValue(); if (value && name) queryString.push(encodeURIComponent(name)+'='+encodeURIComponent(value)); }); return queryString.join('& '); }" makeDraggable="function(options){ return new Drag. Move(this, options); }" makeResizable="function(options){ return new Drag. Base(this, 'width', 'height', options); }" getPosition="function(){ var obj = {}; obj.width = this.offsetWidth; obj.height = this.offsetHeight; obj.left = this.getLeft(); obj.top = this.getTop(); obj.right = obj.left + obj.width; obj.bottom = obj.top + obj.height; return obj; }"> http://www.mondaq.com/article.asp? articleid=65394

Andrew Lidden, New South Wales barrister -

Margaretta Slingsby, 58, was a teacher at Lismore Heights Public School in northern NSW.

In about March 2005 a nine-year-old student called her "f***ing Slingsby slut".

Margaretta took time off from work to recover from the shock of the student's abuse.

The child was involved in several other violent incidents at the school.

In May 2005 the same student kicked and scratched Margaretta and then ripped her hair out.

Margaretta was depressed after the student's second attack.

She couldn't sleep.

She is now unable to teach and suffers from post-traumatic stress disorder.

She is suing the NSW Education Department for negligence.

Andrew Lidden, SC, is Margaretta Slingsby's barrister.

Margaretta claims that the NSW Education Department was negligent in -

failing to ascertain the student's history of violence and abuse,

failing to suspend him after the March incident,

and enrolling him in the school when it is not safe for his teachers or for the other students.

Teacher 'depressed' after student attack, AAP, 13 October, 2009

Teachers: Stay in the driver’s seat!

When it comes to Workers Compensation, you need to be strategic.

Decide whether you want to return to work or not, and then stay in the driver’s seat.

There’s plenty of time to bring a worker’s compensation claim at the end, when you’ve successfully got yourself back to work on your own terms.

Think about when you make a motor vehicle accident claim.

Once you make the claim, you’ve legally given your insurer the right to decide what’s to be done: even to the point of being able to sell your car back to you if you don’t want it written off.

Workers compensation insurance is no different.

Once you make your claim, your employer is legally entitled to involve itself in your affairs and dictate how, when what and why.

Your employer gets to be in the driver’s seat and largely in tandem with their agent, the insurer.

Your own doctor’s views are no longer seen to be important.

You have to see their psychiatrist, not yours.

Their psychiatrist invariably operates on your employer’s version of your history, not yours.

Some awful things happen.

A person once told me how, as he said goodbye, the psychiatrist grasped his hand, saying to him sympathetically, "I bet you feel like killing the bastards sometimes".

The whistleblower grimaced, barely raising a smile.

You guessed it: the psychiatrist's report came back with something like, "He shook his fist at me, shouting he’d kill the bastards".

People do bad things for very little reason sometimes, and money makes it all too easy.

But if you use your own leave entitlements, then you, with your doctor, stay in the driver’s sear.

Your employer generally can’t direct you to see anyone without your agreement and has to take notice of your doctor’s instructions.

You would need to make sure your doctor is kept fully informed on a regular basis.

All your medical certificates should provide details of your symptoms and sheet home the blame to your employer.

If you don’t have a doctor, get one.

Get a referral to a psychiatrist or psychologist.

Your doctors should keep a detailed record of what’s going on.

Then, after you get back to work or decide to leave you can put in what is known as a ‘closed period’ workers compensation claim.

Plus you‘ll have the only record and the best record.

It’s known as a closed period claim, because it is for a set period and made after the fact.

You would be claiming all the usual things: monetary reimbursement for the leave entitlements you’ve used, all related expenses and compensation if applicable.

So stay in the driver’s seat

You can do the same if you opt for medical retirement: but use your leave entitlements upfront and then claim them back at the point you leave work, because that way you stay in control of your affairs for as long as you can.

Note every employer in Queensland, unless a licensed self insurer must have a workers compensation insurance policy with

WorkCover QLD.

In other states the WorkCover authority is just one of the insurers and is also responsible for workplace health and safety regulation.

In Queensland, the Workplace Health and Safety division of the Department of Employment and Industrial Relations oversees all workplace health and safety.

This article was written by Cynthia Kardell, national secretary of Whistleblowers Australia.