Comments on: Brodie’s Law not being applied. Perhaps a broader context is needed. https://safetyatworkblog.com/2012/06/11/brodies-law-not-being-applied-perhaps-a-broader-context-is-needed/ Award winning news, commentary and opinion on workplace health and safety Mon, 04 Apr 2016 04:46:01 +0000 hourly 1 https://wordpress.org/?v=6.6.1 By: Kevin Jones https://safetyatworkblog.com/2012/06/11/brodies-law-not-being-applied-perhaps-a-broader-context-is-needed/#comment-2026 Mon, 04 Apr 2016 04:46:01 +0000 http://safetyatworkblog.com/?p=10420#comment-2026 In reply to Leo Ruschena.

Leo, the only one I have heard of occured against Woolworths in the Latrobe Valley around a week ago. A quick internet search should pull up a media report. I know the prosecution was discussed on LinkedIn very recently.

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By: Leo Ruschena https://safetyatworkblog.com/2012/06/11/brodies-law-not-being-applied-perhaps-a-broader-context-is-needed/#comment-2025 Mon, 04 Apr 2016 03:43:45 +0000 http://safetyatworkblog.com/?p=10420#comment-2025 Kevin
I have not heard of any prosecutions to date under this law. Have you?

regards
Leo Ruschena
4/4/16

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By: Kevin Jones https://safetyatworkblog.com/2012/06/11/brodies-law-not-being-applied-perhaps-a-broader-context-is-needed/#comment-2024 Tue, 12 Jun 2012 06:59:50 +0000 http://safetyatworkblog.com/?p=10420#comment-2024 Australian law firm, Clayton Utz, has provided some advice in relation to the workplace bullying inquiry at http://www.claytonutz.com/publications/edition/7_june_2012/20120607/workplace_bullying-time_to_have_your_say.page

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By: Bette Phillips https://safetyatworkblog.com/2012/06/11/brodies-law-not-being-applied-perhaps-a-broader-context-is-needed/#comment-2023 Tue, 12 Jun 2012 02:19:54 +0000 http://safetyatworkblog.com/?p=10420#comment-2023 Sadly it was a law that was flawed from the beginning, a knee jerk attempt to soothe the pain for her parents. The issue of witnesses would always be the problem. Nobody will speak up for fear of repercussions. In the instance of Brodie one girl was brave enough to speak out. This does not usually happen.

Training for managers and staff to deal with confilct or bullying behaviour may make some difference. The training could include relationship training too. Often bullying when investigated really sees that relationships are at the bottom of it!

Managers would do well to look at Restorative Justice Practices training too.

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By: VP Bullying Standup https://safetyatworkblog.com/2012/06/11/brodies-law-not-being-applied-perhaps-a-broader-context-is-needed/#comment-2022 Mon, 11 Jun 2012 12:46:49 +0000 http://safetyatworkblog.com/?p=10420#comment-2022 It’s ironic that Victoria Police should be the principal agency investigating work place bullying that is serious enough to meet the criminal test of Brodie’s Law. One of our group ‘Dave’ recently blew the whistle on Victoria Police and it’s handling of his complaint and the subsequent attempts to have him withdraw his statement. In response Victoria Police claimed a ridiculous figure of less than 0.1% of it’s members reported bullying in the past year yet a People Matter survey allegedly reported in excess of 30% of police had experienced bullying.

http://au.news.yahoo.com/video/vic/-/watch/29359410/bullying-allegations-against-vic-police/

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By: Kevin Jones https://safetyatworkblog.com/2012/06/11/brodies-law-not-being-applied-perhaps-a-broader-context-is-needed/#comment-2021 Mon, 11 Jun 2012 12:07:17 +0000 http://safetyatworkblog.com/?p=10420#comment-2021 A lot of comments to this blog are critical of the government safety regulators for not taking sufficient action on breaches of OHS law. I sympathise with this position but feel that we sometimes leave out those who have the most control over workplaces – the employers.

Of all the people involved in the goings-on at Cafe Vamp that led to Brodie Panlock’s suicide, I have the hardest time understanding how the owner of the cafe failed to take sufficient action over a worker’s welfare when they were aware of what was occurring in their workforce.

Sometimes young people do silly things because they are young but an older person, running their own business, knowing that assistance and guidance is available if they are unclear of their legislative and moral duties. I struggle with that.

There are good employers, bad employers, lazy employers and negligent employers but OHS law does not consider these personalities. There is a blanket law that applies to all employers to provide a safe and healthy work environment, there is also a “reasonable person” test. We can criticise OHS regulators for not taking action but we should not overlook the pivotal role of business managers in looking after their people.

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By: Pat Patrick https://safetyatworkblog.com/2012/06/11/brodies-law-not-being-applied-perhaps-a-broader-context-is-needed/#comment-2020 Mon, 11 Jun 2012 08:48:25 +0000 http://safetyatworkblog.com/?p=10420#comment-2020 Legally any South Australian who are bullied and sexually harassed by their employer and employed under a Federal award, can then seek help either by SafeWork Victoria or the Vic Police, to have their boss prosecuted. Only question is have the Victorian government made any contingency plans for those bullied as myself crossing the boarder to kill themselves?

It could be easyier for those concerned and their families, if we had a government prepared to make South Australian work places safe. All it would take is giving Safe Work SA or SAPOL the power to prosecute.

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By: Rosemary McKenzie-Ferguson https://safetyatworkblog.com/2012/06/11/brodies-law-not-being-applied-perhaps-a-broader-context-is-needed/#comment-2019 Mon, 11 Jun 2012 08:41:48 +0000 http://safetyatworkblog.com/?p=10420#comment-2019 Consultation is on the agenda, my concern though is that the people who need to be heard will not step forward simply because they do not want to confront strangers or others in their local community who are either the workplace bully or related to the bully.

I have had discussions with various people within the safety industry about the challenges facing bullied workers.
Their concern was not what would be found, but the cost involved in holding small meetings or one on one meetings.
I will refrain from writing what my response to the dollar v people answer was.

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By: Kevin Jones https://safetyatworkblog.com/2012/06/11/brodies-law-not-being-applied-perhaps-a-broader-context-is-needed/#comment-2018 Mon, 11 Jun 2012 08:00:31 +0000 http://safetyatworkblog.com/?p=10420#comment-2018 In reply to Rosemary McKenzie-Ferguson.

Rosemary, I think consultation will be a major part of the Federal Government’s inquiry. Public hearings have already been scheduled. I note that they are in the capital cities but the need for rural consultation is not unheard-of in these inquiries, if a case can be made. I would have thought the recent report by the NSW Mining sector into mental health would have justified a rural consultation.

I think we have to wait to see how the committee wants to consult, what rules they apply at the hearings and how much time they can allow to people who may provide distressing information. I have described elsewhere that the Federal Workplace Relations Minisnter, Bill Shorten, has committed to listening to the people. I think we have to wait and see but I expect that the inquiry is going to want evidence and not anecdotes. This will be a challenge in an area of industrial relations, safety and human resources, where (mis?)interpretation of social interaction is behind all workplace bullying issues.

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By: Rosemary McKenzie-Ferguson https://safetyatworkblog.com/2012/06/11/brodies-law-not-being-applied-perhaps-a-broader-context-is-needed/#comment-2017 Mon, 11 Jun 2012 07:48:47 +0000 http://safetyatworkblog.com/?p=10420#comment-2017 The sad and very tragic truth is that logging a claim for workplace bully still remains the most difficult of all claims to lodge.

My work puts me in touch with bullied workers and bullied -by the workers compensation system- injured workers.
The level of pain that shows in every part of the persons life is incredible, but even so they are more fearful of having a workers compensation claim for workplace or workers compensation bullying because they know it will add another layer of stress that they may not survive.

All too often they have seen other bullied workers forced out of their job whilst the bully is promoted or shifted to another work site to continue the bullying behaviour.

What is needed is in my opinion is the safety industry to hold meetings in various CBD-Regional-Rural-Remote areas and hear what the people have to say, then act on the information given.

It is far too easy to enact a law such as Brodies Law, it is a lot harder to actually do the work needed to hear the people.
But in my opinion until the people are heard little to nothing will alter.

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