Showing posts with label Sexual Harassment. Show all posts
Showing posts with label Sexual Harassment. Show all posts
Tuesday, January 12, 2010
What the South Australian Labor Government thinks of Complaints
After 4 years of lodging complaints with the Office of the Public Trustee (where I worked in I.T.), the Attorney-General’s Department, the Equal Opportunity Commission, and a swag of Ministers and Elected Members, we all wound up in Court. I represented myself against the 'might' of the Crown Solicitor.
As Judge Rice confirmed, very little was done in response to my on-going complaints, though, Attorney-General Michael Atkinson disagrees.
I had exercised my right as per 95B(c) of the Equal Opportunity Act 1984:
95B—Referral of complaints to Tribunal
If, in respect of a complaint, the Commissioner—
(a) is of the opinion that the matter cannot be resolved by conciliation; or
(b) has attempted to resolve the matter by conciliation but has not been successful in that attempt; or
(c) has declined to recognise the complaint as one on which action should be taken and the complainant has, within 3 months of being notified of the Commissioner's decision, by notice in writing, required the Commissioner to refer the complaint to the Tribunal, the Commissioner must refer the matter to the Tribunal for hearing and determination.
My reason for taking this action was solely to have someone made responsible for the actions of the Senior Manager and for the non-actions of the many.
My vindication from the Judge Rice Determination. The South Australian Government’s attitude towards complaints:
Extracted from:
http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/sa/SAEOT/2004/1.html?query=mckibbin
“During this two-year period, on many occasions, I made contact with Management, with Sexual Harassment contact officers, and with various Human Resources staff members. Each & every time I stressed that this aggravated offence was continuing. It would be difficult to suggest that Management was never aware of the problems. As an observer, it would be easy to believe that the situation was totally ignored.” (Rob McKibbin evidence)
The Determination continues:
23 The Public Trustee wrote a memorandum to Mr McKibbin dated 25th September 2002, referring back to the meeting of 16th September (exhibit P3). After dealing with the formal counselling of Mr H that had already taken place, the Public Trustee responded to Mr McKibbin’s assertions referred to in his note of 16th September as quoted above. The Public Trustee said this: -
“You will no doubt be aware that I cannot act officially until I receive a formal complaint. I have been informed that only once during this period was a formal complaint laid and this resulted in a mediation session and counselling for those involved. It is my understanding that your approaches to various Contact Officers, Peer Support Officers and Management during this period were made informally and no official complaint was filed.”
24 The Public Trustee refers to the need for a “formal complaint”. Mr McKibbin told us that there was a requirement by management that he put the complaint in writing before it could be acted upon. There is certainly no requirement that a complaint should be in writing. We would understand the reference to “formal complaint” to be a complaint that the person making the complaint wants it to be acted upon. However, in our view, the responsibilities of management do not depend upon whether the initiator of the complaint wishes the behaviour to be acted upon. Indeed, the responsibilities of management to take action do not even depend upon a complaint. For example, management may be aware by observation that a situation of actual or potential sexual harassment exists. Management would be obliged to act in the absence of a complaint and even in the face of a desire by the person against whom the conduct was directed, that no action be taken. We have more to say about that later, especially exhibit P7.
143 It is not enough to wait for a complaint before appropriate action needs to be taken by managers/employers. An employer’s obligation to prevent discrimination, harassment and victimisation does not begin at the time that a formal complaint (e.g. a written note from, or documentation provided by, a complainant to an employer, or a written note from, or documentation provided by, an employee or manager witnessing the behaviour) is made. Certainly, if at the time a formal complaint is made, it is the first time that the employer is made aware that potentially discriminatory, harassing or victimising behaviour has occurred, and the employer takes appropriate and immediate action in response including reasonable steps to prevent contravention of the Act, the employer is more likely to have met the requisite statutory standard to avoid vicarious liability. However, if an employer is made aware informally of potentially discriminatory, harassing or victimising behaviour (e.g. observations of staff verbally conveyed to management, management observing relevant behaviour and so on) prior to a formal complaint being made, and the employer takes no action until the formal complaint is made, the fact the employer takes appropriate and commensurate action in response would not be sufficient to avoid its being found vicariously liable.”
62 We find that Mr McKibbin raised with Mr O’Neill, on a number of occasions before August 2002, the sexually suggestive conduct and behaviour of Mr H. We are unable to say on how many occasions Mr McKibbin did so, but we consider it to be a significant number. We also find that Mr McKibbin was raising these matters in the form of an oral complaint. The precise status of those complaints was the subject of dispute. Certainly there was no need for any such complaint to be in writing. In our view, the number of complaints made by Mr McKibbin and the nature of the conduct about which he was complaining, made it imperative that management intervene at an early stage. This management failed to do. The necessary policies were in place but their application was misunderstood or misguided.
65 In our view, in this instance Public Trustee impliedly authorised Mr H’s conduct (and here we are not referring to management conduct or style) by doing nothing about Mr McKibbin’s complaints or not doing sufficient about them. In our view, Public Trustee has vicariously authorised that conduct.
I got what I wanted. But, when I returned to work the following Monday, the victimisation ramped up! Then I had a further 4 years of nonsense....oh, and just like in the movies, I received a cash offer the night before to drop the case! That letter holds pride of place on my wall as evidence of how up-them-selves these clowns were at the time.
The Labor Party, in touch with the grass roots. Here, read your own dribble, "...Labor's enduring values, which were born in the collective struggle for better living and working conditions in the last century, are reflected in the progressive and reformist tradition which the Party embodies and in the continuing pursuit of a society which values our security; champions fairness and equality; believes in communities and families; promotes social justice and compassion; values environmental sustainability; supports freedom, liberty and enterprise; and strives for opportunity and aspiration..."
Thursday, January 7, 2010
The Attorney-General, Allegations, Truths, and Skeletons
Please note: Michael Atkinson has been replaced by John Rau
(January 2011)
On Radio Station 5AA this week, during our interview, you (South Australia's doyen of all that represents Truth & Justice) said about me; “… the trouble with Mr McKibbin is that his allegations haven’t been sustained. They’ve been fully investigated and they haven’t been sustained…”
Let's deal with facts, as supported by others.
The Statutory Authorities Review Committee, comprised of Independents from the Upper House, Members of the Liberal Party, and Members of your Labor Party, recently tabled its findings from the Parliamentary Inquiry in to the Office of the Public Trustee (OPT).
In part, it details evidence given by your own Government Investigations Unit (GIU), a significant investigation that I pushed for, and was agreed to in lieu of my continuing action(s) against the Department. The Report also gives details of the subsequent Moss Inquiry. And please, DO NOT claim the fame for these events....I brought them about, not you or your CEO!
Your people did not want me back in The Dock spilling my guts. And, it is a disgrace for your CEO to suppress the findings of the Moss Inquiry. The usual slap in the face to the victims!!
Judging by your comments in public this week, you have not read the Committee's report.
Excerpt:
9.3.3 Government Investigations Unit
According to the Public Trustee, the GIU conducted a long and detailed investigation of a wide-ranging series of allegations made by Mr McKibbin and others. Mr Andrew Hill, Manager of the GIU, gave evidence to the Committee in camera in relation to this investigation. He explained that an email was circulated by the then Public Trustee to all staff to report to the GIU any events of bullying behaviour they had experienced. This process resulted in a number of staff members coming forward and led to an investigation into allegations made about four individuals at the OPT. The individuals in question were interviewed in order to determine if their behaviour amounted to a prima facie breach of the Public Sector Management Act 1995 (PSM Act). Information arising out of those interviews was handed to the Crown Solicitor, who in turn advised the Public Trustee on potential breaches of the PSM Act. This led to a disciplinary hearing, which was conducted into one of the four individuals complained about in relation to inappropriate behaviour of the OPT.
9.3.4 Moss Inquiry
On 23 November 2006, the Chief Executive of the Attorney-General’s Department served a Notice of Inquiry upon an employee of the OPT. Responsibility for the conduct of the Inquiry was delegated to Mr Alan Moss, retired Chief Judge of the Youth Court and former Chief Magistrate. Mr Moss heard evidence from a number of staff members of the OPT and, on 10 November 2008, he found that the employee had breached the PSM Act and was liable to disciplinary action.
I draw your attention to the fact that the GIU Investigation, although briefed to investigate the bullying culture at the OPT teased out allegations of other more serious matters. Several of these more serious matters have yet to surface.
When you said that my allegations had, and let me quote your own words, “…been fully investigated and they haven’t been sustained…” , you knew that not to be true. So, why did you say that?
I first wrote to your department CEO in 2003. I first wrote to your office in 2004. And in the House of Assembly in 2006 you bleated on about knowing nothing about the investigations into the Office of the Public Trustee.
The strange thing is, I have the utmost respect for your endeavours in the arena of Law and Order. Many of the moves you have made with respect to organised crime are gutsy. I tip my hat.
But then, why did you let your own people suffer, at the Office of Public Trustee, for so long. Workplace Bullying of the worst kind. Sexual harassment that had females in tears. One staff member wound up in the bloody mental hospital at Glenside. Another had to be urgently attended to as he sat at his desk muttering on about suicide. When another collapsed, unconscious, the bully of that time said to me; 'Before you send him home, he has a report I asked for this afternoon'.
Then we have the allegations relating to some extremely serious matters, particularly one matter I reported to your own Department only to be given a lecture on the laws of Libel and Slander!
You still sit on a powder keg Mr Atkinson, and I know the locations of the untouched skeletons. I would have more respect for you as a human being if you look before you leap! I don't tell lies......
Wednesday, January 6, 2010
What South Australia's Attorney-General thinks of Whistleblowers & Interstate Commissions Against Corruption!
As the move for an ICAC in the state of South Australia gathers moss, with the bottom of the hill significantly within sight, the Attorney-General, Michael Atkinson persists with his same-old same-old boring argument against an ICAC. That this state has a plethora of investigative bodies citizens can turn to.
Monday 4 January 2010, The Advertiser published my letter:
The Attorney-General ('System Working', The Advertiser, 1/1/2010) inadvertently puts up a magnificent case FOR an ICAC. I was a whistleblower for 9 years in the South Australian Public Service, and I climbed the ladder of greasy rungs. My only vindication, after struggling through years of engaging with Michael’s plethora of investigative bodies, was a determination by the Equal Opportunity Tribunal in 2004, and the 2009 Parliamentary Inquiry into the Office of the Public Trustee. I can state quite categorically that ALL agencies I took my complaints to, including the parliamentary offices of the Premier and the Attorney-General, failed me. Let’s face it, had ANY of them been effective between 2000 and 2009, would my struggle have brought about a Parliamentary Inquiry? I think not. The system is not working Mr Atkinson. And the costs associated with the running of these agencies must be horrendous. An ICAC to replace this long slippery ladder would save the taxpayer a small fortune, and more than likely help preserve the mental health and wellbeing of the victims.
Same morning, on radio station 5AA, Mike Smithson interviewed me, along with another ex-public servant and the Attorney-General. I recalled some of my experiences as a whistleblower (March 2000 to September 2008) whilst employed as a senior I.T. officer within the Justice Portfolio of the South Australian Public Service.
Some of Michael Atkinson’s comments:
…. understand where all the media stands on this because they want an Independent Commission Against Corruption so allegations can be published under privilege and people can be smeared…
…to deal with your two callers, the trouble with Mr McKibbin is that his allegations haven’t been sustained. They’ve been fully investigated and they haven’t been sustained, it hasn’t turned out the way he wants them to. Some of the things he raised with you, like sexual harassment and workplace bullying just don’t have any connection with corruption. When he doesn’t get his way his next move is to say … well there’s corruption here because I’m not getting my way...
…obviously if there were an Independent Commission Against Corruption and if the Government had a spare $30 million ever year of taxpayers money to spend on setting up such a body, when they didn’t find in favour of these complainants they would say, as people do interstate where we have ICACs, oh, the ICAC is corrupt. It’s a procession almost in grievances that when people are unhappy with a Government body that’s investigated them … when they get an adverse finding from one of those bodies, they claim the Ombudsman or the Legal Practitioners Conduct Board is corrupt...
…nothing will ever make them happy unless there is a finding in their favour, and if there’s not a finding in their favour then there’s something wrong with the body that did the investigation...
…and they receive massive media coverage, both of them…
…Well we have independent corruption bodies plural, already. Twice the cost to taxpayers, double the cost every year of the Office of the Director of Public Prosecutions … what the journos don’t tell the public is … about the anti-corruption bodies that already exist … we have the anti-corruption branch of the police … if there’s a breach of the law, and that’s what we mean by corruption, a breach of the law, then they investigate. We have an Ombudsman with the powers of a Royal Commissioner, the standing powers of a Royal Commissioner, so what the Ombudsman can do is that he can call public servants and others in, Local Government to Councillors, officials, anyone in South Australia and compel them … to answer questions on oath … if they refuse to answer they’re committing an criminal offence. If they don’t answer they’re committing a criminal offence…
…We have whistleblower legislation, we have a free unfettered press, we have an independent judiciary, we have an Upper House, which has never been controlled by the Government of the day, (Strange comment considering the official ALP Policy is to rid the state of the Upper House!) we have many measures that keep South Australia clean. Now I’m not saying South Australia’s perfectly clean, of course there’s corruption and crime in South Australia…
Yet to be published, I reacted with this Letter to the Editor:
On Radio 5AA Monday morning, in response to comments made by me both on 5AA and in this newspaper (‘System Not Working’, The Advertiser, 4/01/2010’), the Attorney-General, in part stated; ‘…the trouble with Mr McKibbin is that his allegations haven’t been sustained. They’ve been fully investigated and they haven’t been sustained, it hasn’t turned out the way he wants them to…’ I can only refer the Attorney-General to Judge Rice’s Determination in the District Court (Equal Opportunity Tribunal) 25 June 2004 regarding vicarious liability, the findings from the 18-month Government Investigation Unit (GIU) investigation into my allegations and the allegations of others, the findings from the yearlong Disciplinary Hearing conducted by retired-judge Mr Alan Moss 2007/2008, and the recently tabled findings of the 2009 Parliamentary Inquiry in to the troubled Office of the Public Trustee. I, as an altruistic whistleblower have been vindicated at the highest level. It is a shame that South Australia’s figurehead of Justice remains in denial and seemingly perpetuates the myth that whistleblowers are nothing more than serial pests.
My problem with the AG is a simple problem. Let’s blow away all the fluff and diversionary comments from this little schoolyard tiff.
Michael Atkinson is well & truly aware (or should be) that I was not the only person to present evidence to the various Investigations and Inquiries over the past few years. And if he took time out from polishing his bicycle trouser clips, he would discover that a significant number of witnesses corroborated one another.
I WAS NOT THE ONLY ONE!!!
Though, I was (along with one other) the only ‘idiot’ to hop on the horse and take it to the public via Today Tonight, and that was only after 8 long years of dealing with an employer that was more interested in its self-preservation than the pursuit of the ugly truth.
I shudder each time I realise that Mr Atkinson continues to confirm, with his on-going comments, that my instincts were 100% correct all along……..his priority was never the welfare of his staff, well, certainly not this staff member.
You cannot engage with these elected people. They just screw the interactions with diversions, truth-bending, and blunt denials.
Mr Atkinson, Attorney-General of this state, the Grand Poobah of Justice… my allegations have been proven, you just don’t want to fess up and admit you failed not only me but many others who suffered and complained for years! Hang your head in shame and after the March election you should have plenty of time to devote to publishing your own Blog. I got plenty of time. I’m unemployed. After all, isn’t this the fate of all ostricised and ridiculed Whistleblowers?
Oh, and for the record...I wasn't fired. I quit. After years of being worn down, I felt there was no other option. In one respect, the system won, and I am quite sure it is proud of itself!
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