Meeting the mob | BAB archive

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Meetings with the Bad Apple and members of the mob.

If you receive a letter from the Bad Apple that says something like, "I would much prefer that this matter did not become a disciplinary one... I therefore request that you attend a meeting with me and (another member of the mob that I have groomed into supporting me)", it means that the Bad Apple has already decided to put you on Diminished Workplace Performance.

Do not take bad advice. Do not allow yourself to be persuaded that the situation is hopeless. Do not listen to anybody who urges you to "accept the things you cannot change". Do not allow yourself to be passively shunted into the DWP. The DWP process will be abused to destroy your mental and physical health. The Bad Apple and the mob are planning to drive you into an impoverished retirement.

Understand the Bad Apple. He/she responding impulsively to some "threat". The Bad Apple is too impulsive to deal with the real problem, he/she just wants to do the quickest and easiest thing- which is to destroy you for talking about the problem. The bad Apple is probably not a really logical thinker. They have almost certainly not bothered to read the policies that they intend to abuse. They have probably already been strutting about, boasting to the mob that they are going to put you on DWP, so they will already be feeling apprehensive that they will look a fool if they don't manage to "carry it off".

Show the Bad Apple that putting you on DWP is not going to be quick and easy. That it will involve a lot of reading and a lot of writing.

You may as well be hung for a sheep as a lamb. Give the Bad Apple a whole lot more sheep than they are expecting.

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Email the Bad Apple a typed, dated, signed letter formally requesting copies of each of these Education Queensland policies-

FOI

Code of Conduct

Workplace Bullying, Harassment and Violence

Managing Performance- Teaching Staff and School Leaders

Grievance Resolution

If you don't get any of these documents in three days, email a reminder. "You have failed to provide me with copies of... as requested..., and failure to provide me with these documents within a reasonable time-frame constitutes refusal. " Always use email because you can prove that you have sent an email. Letters will be lost, "not received" etc. Keep reminding at regular intervals.

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2. Then-

Demand your documents under FOI. This is the single most effective thing you can do. Do it immediately. The FOI process is the only "process" that really works. It works very slowly and very creakily, but it does work. When you apply for your documents under FOI, Bad Apples have to sort out their paperwork. There probably isn't any. Give the Bad Apple a letter along these lines-

Ken Smith, Director General, Education Queensland, PO Box 33, Brisbane Albert Street, 4002

Dear Sir,

I require you to produce to me copies of all documents or files, held in any format, electronic or otherwise that you or other employees of Education Quensland have produced or caused to be produced in relation to me since (name a date quite a while ago). This includes (but is not limited to) personnel files, documents purporting to record any and all meetings held by any employee of Education Queensland with me or about me. I further require copies of any complaints received by any employee of Education Queensland regarding me from any source whatever. I include such cases in which the complaint was not made in writing. I require full details of any investigations conducted in response to any complaints.

In all cases I require the full substance of the complaint, including the name of the person making the complaint, the date that the complaint was taken, the name of the person who took the complaint, the date that the complaint was recorded, and, in all cases, details of what action was taken regarding the complaint.

I also demand photocopies of the relevant entries in any official diary within your possession or the possession of any employee past or present of Education Queensland that records or purports to record meetings with me or about me, the purpose of the meeting, the names of the persons present and any documentation produced as a result of the meeting.

I remind you that you are required under the terms of the above mentioned act and by the performance standards contained in the Department of Education Manual to both treat this demand inclusively rather than exclusively and that you are further required to produce material covered by this demand within a reasonable period of time.

If it is your intention to claim privilege on any of the demanded material, I require and demand that you produce material not subject to such claim in the interim period, whilst the disposition of any material you attempt to claim as privilege is adjudicated on. You will, of course, identify any documents on which you intend to claim privilege so that their existence is known and adjudication can be sought.

Take notice that, if I do not have suitable undertakings from you regarding the delivery of the demanded material within fourteen days, I shall take the matter to a magistrates court in order to have your compulsion to perform re-enforced with you. Sincerely,...

Look up the Queensland law on defamation (supervisors are allowed to comment on your work negatively, but not if they are doing it in malice) and on stalking (harassment may be stalking, stalking is a criminal offence) http://www.legalaid.qld.gov.au/gateway.asp? c=legalinfo.

Type out a couple of letters ready to hand to the Bad Apple during the meeting. Date and sign them as you hand them to the Bad Apple. Email a copy later "As I stated to you earlier today...

The first time that the Bad Apple says something derogatory about you in front of someone else, give him/her a letter with DEFAMATION printed in large type at the top. "You have defamed me by speaking and publishing words which are likely to injure me in the eyes of others, injure me in my profession and are likely to result in me being shunned, avoided, ridiculed or despised. You cannot claim that your statements are true or in the public interest. They are not your honest opinion and you cannot claim qualified privilege because your words are spoken in malice.

Have a second letter ready to sign, date and give to the Bad Apple during the meeting, after you have alleged that his/her behaviour is in contravention of the Code of Conduct. Head it up with STALKING printed at the top in big type. "You are stalking me and harassing me in an attempt to intimidate me, torment me and cause me fear. Your behaviour is intentionally directed at me. You have intimidated me both on one drawn out occasion and on more than one occasion. You have been loitering near me and watching me where I work. You have been contacting me. You have given me offensive material. You have intimidated me, harassed me and threatened me. Your conduct would reasonably cause me apprehension and detriment. You cannot claim that your behaviour is reasonable conduct in your profession because you are in breach of the Education Queensland Code of Conduct. If you continue to stalk me I will make a complaint to the police and ask the court to issue a restraining order. Stalking is a criminal offence in Queensland. The maximum penalty for stalking is 5 years imprisonment.

Check the DOEM. http://education.qld.gov.au/ (Look under CORPORATE for Department of Education Manual (policies). Then search for Code of Conduct).

Before you meet the Bad Apple make a typed list of "allegations" and give the Bad Apple a signed and dated copy. Here is a suggested list-

I allege that your conduct is in breach of the Education Queensland Code of Conduct, specifically that you-

Have failed to make competent decisions, your directions are not fair and reasonable, you are not paying due regard to your legal and organisational responsibilities. (1.3.1)

You are not receptive to constructive feedback about how you can better achieve the department's mission and objectives, you are not listening to my concerns and reservations, you have failed to review your decision in the light of our discussions. (1.3.2)

You have failed to demonstrate respect for persons by adopting a consultative approach to decision-making, you have failed to inform me of my rights and my entitlements, you have failed to fulfill your duty of care.(2.2.3)

You have failed in your obligation to treat me with dignity and respect at all times, you have failed to be responsive, engaging and helpful to my reasonable requests, you have failed to actively discourage any form of harassment, you have failed to ensure that decisions that adversely affect my rights and interests are procedurally fair, reasonable, honest and impartial. (2.2.1)

You have failed to respect my dignity, my rights and my views. You have failed to listen to and seek to understand my point of view, to value and acknowledge the contribution that I make in meeting the department's missionand objectives, to express constructive feedback which is considered and moderate in its tone, to be courteous, sensitive and honset in your communications, to be considerate to the needs of others, to inform me of my rights and entitlements, to work co-operatively and collaboratively with me to achieve common goals in a harmonious work environment. (2.3.1)

You have failed to encourage me to demonstrate leadership in the performance of my work duties, you have failed to model appropriate conduct, you have failed to treat me fairly and reasonably, you have failed to adopt a consultative approach about how work is performed, you have failed to encourage initiative, resourcefulness, responsiveness and leadership amongst employees, you have failed to regularly acknowledge my good work, you have failed to be receptive to and considerate of divergent thinking, ideas and modes of operation that may better achieve the mission of the department, to exercise your delegations conscientiously and prudently. (2.3.4)

I have the right to work in an environment which is free from intimidation, threat, humilitation and workplace harassment. Your offensive, abusive, bullying, belittling and threatening behaviour towards me, performed in the course of your work duties, does not demonstrate respect for me and is in breach of the Education Queensland Code of Conduct. (2.3.8)

You have failed to exercise proper application, care and attention when carrying out your work duties. You have failed to act responsibly and to be accountable for your official decisions and actions. You have failed to exercise a duty of care towards me. (4.1.2)

You have failed to maintain a current understanding of the law, professional ethics, delegations, departmental policies and procedures and other codes of practice to a standard that enables you to competently perform your work duties. (4.3.2)

You have not considered the ethical principle of economy and efficiency in public administration. You have a responsibility to ensure that public resources are not wasted, abused or used improperly. Public resources include financial and material resources as well as intellectual, information, system and knowledge reserves that underpin the work of the department. Work time is a valuable resource that must be managed effectively to create a productive outcome. ( 5.1.1, 5.1.2)

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