Bully for you

Department of inhuman resources ... Question time ... WorkCover NSW in the dock over bullying ... The workplace health and safety enforcer with an unhealthy workplace ... Alix Piatek reports  

WorkCover NSW, the outfit charged with workplace heath, safety and peace, is itself in the dock over its culture of bullying. 

Two senior WorkCover officials didn't exactly cover themselves in glory when giving evidence to a NSW parliamentary inquiry about the beastliness of their own workplace. 

WorkCover handles over 5,000 bullying complaints a year arising from instances of job-based bastardry throughout the state.

In 2011 a PriceWaterhouse Coopers report found 40 percent of WorkCover's own employees had experienced bullying or harassment on the job.

Terms of reference for the NSW parliamentary inquiry were hammered out in June after the NSW Industrial Relations Commission found WorkCover had persecuted and bullied a senior IT employee, Wayne Butler - to such an extent that he left his job.

Butler was accused of misusing his position to purchase equipment at a discounted rate; gaining unauthorised secondary employment; failing to adhere to procedures for submitting time sheets; failing to record gifts and benefits; and using his work mobile for personal calls. 

IRC deputy president Rodney Harrison found none of the seven allegations against Butler were substantiated and described the conduct of the organisation as "institutional bullying":

"The manner in which the investigation was conducted and the subsequent treatment of Mr Butler is in my view deplorable. The decision to conduct the investigation was devoid of any common sense or fairness to Mr Butler. The conclusions reached and the logic behind them conveys an attitude of premeditation and witch hunt, not a process grounded in fairness or objective, evidence based decision making." 

See findings 

Submissions to the parliamentary inquiry suggested that the workplace watchdog needs its own barking watchdog. 

However, WorkCover CEO Julie Newman said in evidence there is no systemic culture of bullying, only isolated cases. 

She claimed that there has been a 90 percent reduction in reported bullying in the last two years, reducing the overall annual figure to 10 incidents.

Chief human resources officer Greg Barnier thought that WorkCover needs to develop ways to encourage employees to report incidents of bullying. 

But CEO Newman believes the number of people too intimidated to report an incident for fear of being dealt with unfairly would be small.

Both officials were peppered with questions by the pollies about how WorkCover has adapted and learned from the Industrial Relations Commission's findings in the Butler case.

Barnier got himself into a bit of a tangle when he said he didn't think there was malicious intent by the employees investigating the allegations against Wayne Butler.

David Shoebridge MLC: This finding of malicious intent was against one of your senior officers. What have you done about that finding? It was not in January this year; it was in June this year.

Barnier: In terms of malicious intent, I have reviewed the transcripts.

Shoebridge: I am not asking what you have done to try to disprove the finding. What have you done about that finding?

Barnier: I do not believe there was malicious intent.

Adam Searle MLC: You do not accept the decision of the commission in Butler?

Barnier: I accept the decision regarding the unfair dismissal and the matters carried out. I do not believe the individual had malicious intent.

Searle: Despite the fact that after hearing all the evidence, the independent tribunal found there was, your organisation said, 'No, we know better'. Is that what you are saying?

Barnier: No, that is not what I am saying.

Searle: That is what I am hearing.

Barnier: That might be what you are interpreting.

Searle: Please disabuse me of this notion. 

Barnier's line was supported by CEO Newman. She didn't request any direction from the WorkCover board about the findings of the IRC. Newman also thought the IRC had got it wrong.

Newman: I do not accept that it was malicious intent, no.

Shoebridge: That was not the full extent of the question I asked you and you know that. Could you answer the question?

Newman: And I do not accept that it was a witch-hunt.

Shoebridge: Did you seek direction from the board in relation to how to deal with those findings that you do not accept that are on the public record that are so deeply critical of your organisation?

Newman: I did not specifically request direction from the board on those, no.

Mr Barnier was confused about the "legality" of some of the IRC findings.

Barnier: Sorry, apologies for that. So my understanding is that the findings were whether the dismissal of Mr Butler was unfair. They were the key decisions that were in there. The other findings that the Deputy President has, and I would appreciate some advice on that, but are they binding findings --

Searle: You bet.

Barnier: -- or are they observations?

Catherine Cusack MLC: It is your job to know that.

Shoebridge: What is your title?

Barnier: I am the chief human resources officer.

Shoebridge: And you do not know whether or not the findings of a decision of the State's Industrial Relations Commission are conclusive in the absence of an appeal? You genuinely do not know that?

Barnier: I do know that.

Shoebridge: You do know that.

Searle: So you were trying to mislead us?

Barnier: I am not trying to mislead you. Obviously I have not been in a forum like this before so obviously I am quite anxious, so let me slow down in answer.

Shoebridge: The best response would be to try and answer the questions truthfully?

Barnier: And that is what I am trying to do.

Shoebridge: And without evasion, as we have heard time and time again in the answers that have come from all three if you today. 

Sounds like WorkCover still has a way to go when it comes to introspection. 

Transcript of parliamentary inquiry 

Diary of the WorkCover victim