A Workplace Harassment Policy is not Enough
Wednesday 21 May 2014 @ 1.16 p.m. | Industrial Law
The women’s clothing retailer Sussan has been found in breach of its own bullying policy and subsequently ordered to pay its aggrieved former assistant manager, Gabrielle Keegan, a sum of $237,000 by the Supreme Court of Queensland.
Keegan suffered major psychiatric injury over the course of 11 days due to harassment and bullying by her new manager. It was claimed by Keegan that after she returned from parental leave, her manager Diana Clarke, left her out of business matters and adopted an aggressive tone regarding certain store duties and store cleanliness. Keegan outlined her situation to Queensland’s store business manager, Jayne Makarien afterwards. After listening to her complaint, Makarein had told Keegan to “put some lippy on and go home to [her] bub”.
Makarein later followed up the issue by calling Clarke and asking her to be mindful of her treatment of Keegan in future. She also told Keegan that she had to work it out for herself. Keegan brought the matter to Court arguing that Makarein had failed to follow Sussan’s bullying policy guidelines which required her to treat the matter seriously and confidentially. It further required her to launch a full investigation into the matter.
Sussan asserted that they should not be found liable given that the resulting psychiatric injuries were extraordinary and unforeseeable given Clarke’s “essentially unremarkable behaviour.” But the court found Makarein's "patronising advice" and method of dealing with the issue clearly indicated that she did not take the bullying complaint seriously. The court ordered Sussan to pay Keegan a sum of $237,000 in compensation.
This case stresses the importance of having a good work place bullying policy as well as the ability to appropriately respond and carry out such policies should the need arise.
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