Workplace bullying and restorative justice – how to help the families left behind

A feature article on workplace bullying in The Age newspaper on 10 March 2010 has the additional or secondary benefit of again raising the relevance of “restorative justice” to the issue of occupational safety and health.

The main element of the article is the McGregor family who had two children commit suicide over related issues.  The son, Stuart McGregor,  described as being chronically depressed, was being bullied at work.  He confided in his sister, Angela McGregor, over the issues.  Angela had been bullied at school.  Alannah killed herself.  A month later, Stuart followed.

WorkSafe investigated the bullying at Stuart’s place of work, substantiated Stuart’s claims are is determining what further action to take.  The newspaper reports that there may be insufficient evidence to pursue the case through the Courts.

What the reporter, Helen Westerman, does is to relate the grief and hurt of the parents to the potential benefits of the application of “restorative justice” in workplace incidents.   Continue reading “Workplace bullying and restorative justice – how to help the families left behind”

Maybe Australia is looking in the wrong direction on harmonising workers’ compensation

South Australia has pledged to increase competition in its local workers’ compensation scheme in the hope of improving (some say fixing) it.  Most other Australian States have a competitive structure with private insurers.  In a couple of years, those insurers will be battling it out to achieve national coverage as the Federal Government moves to harmonise the State systems.

New data from Canada shows that perhaps Australia needs to take a deep breath and nationalise workers’ compensation for the good of the injured workers and business.

A February 2010 report from the Institute for Work & Health has concluded that

“The public administration of workers’ compensation in the Canadian systems provides a strong economic benefit to employers, arising from the lower administrative costs of a single public agency compared with the costs arising in a competitive insurance market. Continue reading “Maybe Australia is looking in the wrong direction on harmonising workers’ compensation”

Could a prisoner’s death in a prison van be a breach of OHS laws?

ABC television program Lateline broadcast on 2 March 2010 an article (video available) about the death of 59-year-old Mark Holcroft in the back of a prison van in 2009.

Holcroft was a low risk inmate serving 7 months for a drink-driving offence.  He was several weeks into his sentence when he was being transported with six other prisoners to a low-security farm.  From the information made available by ABC, as Holcroft was dying in the van, the other inmates banged on the walls of the van and yelled to attract the drivers’ attention.  The van was equipped with a camera in each of the four corners of the van’s security compartment.  One inmate repeatedly signed at the cameras to attract the attention of the drivers. Continue reading “Could a prisoner’s death in a prison van be a breach of OHS laws?”

Some families in South Australia blame WorkCover for their partners’ suicides

In January 2010, Today Tonight in South Australia aired a disturbing report about the workers compensation reforms in that State.  It talks to two widows who blame WorkCover SA as contributing to their husbands’ suicides.  One man left a suicide note explicitly blaming WorkCover SA, emphasising his point by jumping to his death from the sixth floor of the WorkCover office building.

The video report is available HERE under the title WorkCover Suicide.

One of those interviewed in the story is Kevin Purse who undertook a report into the SA workers’ compensation system on behalf of SA Unions.   Continue reading “Some families in South Australia blame WorkCover for their partners’ suicides”

Workers comp becomes political but not in a nice way

Workers’ compensation clearly has become a political issue in Australia recently due to cock-ups, and electioneering.

Embarrassment

The Australian Financial Review has embarrassed the Liberal Party’s shadow Minister for WorkCover in Victoria, Gordon Rich-Phillips.  Rich-Phillips issued a media release claiming the Victorian Government had been inactive on some deficiencies in the WorkCover system that had been highlighted by the chief justice of the Supreme Court.  Unfortunately, the Government had responded with legislative changes that had already been in Parliament.  The Government was provided a free political kick in this election year. Continue reading “Workers comp becomes political but not in a nice way”

New OHS resources on workplace bullying

The Australian Capital Territory has released a package of new OHS material on workplace bullying.  The package includes

  • “advice on responsibilities under the Work Safety Act 2008 with regard to bullying
  • a Checklist for Employers
  • Guidance on how to take a risk management approach to workplace bullying, as is required by the Work Safety Act 2008
  • Guidance on how to implement a complete Complaint Resolution process in respect of workplace bullying
  • two new training programs available from the Office of the Work Safety Commissioner – Workplace Bullying Awareness for workers and Prevention and Management of Workplace Bullying for more senior staff Continue reading “New OHS resources on workplace bullying”

Unsafe worker gets his job back

The front page story in the The Australian newspaper has generated many emails and phone calls to SafetyAtWorkBlog from irate safety professionals.

The nub of the story is that Fair Work Australia has reinstated a worker who was sacked because of consistently unsafe work practices.

It is important to remember that the decision by Fair Work Australia is undertaken under the Fair Work Act 2009 and not occupational health and safety regulations.  In the case of Norske Skog Paper Mills (Australia) Ltd the relevant OHS legislation would have been New South Wales.

The story revolves around the dismissal of an employee not the unsafe actions of that worker. Continue reading “Unsafe worker gets his job back”

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