Can you create change ( toxic culture)

[blues23]

This is regarding workplaces; I work in one I’ve recently had a bullying investigation ( via HR and the Victorian chamber of commerce) the findings were on my side being that the claims were proven my work is doing nothing to the bully’s , I’m quite upset about it cause these people still have a job and I’m still expected to return there and see these people which makes me furious that they got away with it . My work has said they may do something but won’t tell me what until I return to work . I’m suffering really bad anger and anxiety and have depression as well from all that’s happened and I really want justice 

my thoughts is to go to the CEO and tell her the whole thing and see if she’s happy to have abusers work for her  or go to a lawyer and fight for these people to removed from the company or just quit .I have no closure and can’t even cope with returning to work . 

can I change toxic culture or is it a waste of time to try ?

[Summer Rose]

Hi blues23

I’m sorry for what you’ve been through at work. I can imagine that it was really stressful.

I’m glad the investigation found that you and your work were in no way responsible for the events. However, the key question is: did the investigation find that your claim of bullying was substantiated? 
If the investigator found evidence of bullying and put this in a report, your employer can take reasonable action to deal with the bully. However, this doesn’t mean that bully’s employment will necessarily be terminated. 
Most employers would be hesitant to terminate someone’s employment for one misstep—people usually get three chances—unless it was gross misconduct (a very serious event). This is because the bully could then challenge the dismissal through Fair Work, and if they won it would potentially cost your employer a lot of money.

So, it’s a complex decision to terminate someone’s employment and depends on a lot of factors that you will not be aware of. Don’t be surprised if your  employer looks at other options, such as a warning letter, suspension or performance improvement measure.

If I were in your shoes I don’t think I’d approach the CEO because you are very angry and might say something you might regret.

I would meet with a work representative and find out what remedy they are proposing. Ask them to explain why they have chosen this course of action. Then call Fair Work, explain the situation and get some professional advice. It’s free and they will explain any further steps available to you.

I’m only guessing but I suspect your employer wants to have the conversation with you in person due to the sensitive nature of what they’re going to tell you.

Hope this helps.

Kind thoughts to you 

[blues23]

Hi  summer Rose

yes the claims I lodged were substantiated and proven my work wouldn’t tell me what claims were substantiated ( there have been numerous physical assaults on myself and a deliberate act of sabotage which caused my injury) and the HR department said that this behaviour has to stop ( but the people that assaulted me won’t be fired - including the manager I reported it to in the first place and ignored my complaints would not be fired ) the problem is my work representative will not tell me what their course of action or what the remedy  is to stop this bullying is ( due to  fear of potential legal action from me I’m guessing they fear I will go after them in court which I can I haven’t started proceedings yet due to fear stress and the fact I can’t go thru more ) so I’m basically in the dark my HR department wouldn’t tell me the course of action until I return to work in person they are hiding their position and will not tell me anything. 

[Summer Rose]

Hi blues23

Thanks for providing more details about the events. It sounds like it was a very serious matter—I’m truly sorry for what’s happened to you.

You are entitled to receive WorkCover in this situation and given an investigation has substantiated your claims, your WC claim should be accepted. One of the benefits to you, besides the financial, is that WC will get involved in your return to work plan to ensure it is safe for you. This puts additional scrutiny on your employer’s actions.

You can also call Fair Work on Monday to clarify how they could help you. I would encourage you to do this.

My thoughts on helping you get your information pre-return to work are this …

Consider drafting an email to work (cc all relevant parties) that requests a Zoom meeting at their earliest convenience. Explain that being forced to wait for information is exacerbating your injury and causing you further harm. Mention that you believe it’s important they follow due process and provide you with outcome information in a timely fashion. Tell them you will organise a support person to attend with you (this person cannot be a lawyer and cannot advocate for you, just provide support). 
I think it’s important to get your request in writing and to force them to explain their denial of this request in writing.
But before you send it bounce the idea off the people at Fair Work. They might have a better idea.
Kind thoughts to you

[blues23]

Thanks so much summer rose really appreciate it , I’m already receiving work cover it’s more so my work is hiding what they intend to do about what’s happened to me. I will start a draft later today and discuss with fair work I have already discussed with work cover they my work will not tell me the course of action until I return to work which she finds extremely odd so do i 

[Summer Rose]

Blues23

I think you’re on the right track. If after talking to FW you decide to send the email make sure you copy in your WorkSafe case manager.

WS wants to get you back to work as soon as you are ready and it is safe for you. They cannot override your employer but they will no doubt be interested in how this is handled and how, in turn, it impacts your health. Your employer is supposed to help you not cause further harm.

Please take good care of yourself throughout this process. It’s really hard and stressful, I know.

Kind thoughts to you