Key Points:
- Employers have a duty of care to protect their employees from bullying, harassment, intimidation and mistreatment in the workplace.
- Recent changes to the Victoria WorkCover Scheme mean there are new eligibility requirements for mental injury claims.
Summary:
WorkCover agrees to pay damages to twin brothers subjected to long-term bullying, intimidation and harassment by their employer.
Case Details:
“The worst case of psychiatric injury I’ve ever seen,” is how one of Carbone Lawyers’ Senior Associates described the case.
The twin brothers, aged in their 40s, worked for the same company within the building industry, where they were subjected to ongoing verbal, mental and physical abuse over six years.
The brothers claimed they had been repeatedly sworn at, ridiculed, called names and suffered sexual intimidation and taunting, including being touched on the genitals. This was done by both staff and members of the management team. The brothers secretly captured some of the bullying behaviour in video footage.
The claim also detailed incidences where the brothers were forced to work in unsafe conditions that exposed them to toxic chemicals and silica dust. When they complained about it or sought union advice, they were ridiculed and repeatedly threatened with losing their employment.
As a result of the workplace bullying, both brothers suffered psychological injuries, including stress, major depression and suicidal thoughts. They began to experience panic attacks and agoraphobia and had to stop working. They will likely remain on Worker’s Compensation benefit payment for the rest of their lives.
Outcome:
At mediation, Carbone Lawyers achieved a financial settlement of hundreds of thousands of dollars for each brother for the pain and suffering they were caused.*
*Details of the matter have been omitted or altered to protect the identity of the parties involved.