Sunday, February 7, 2010

Mr Damien Panlock - Father of bullied and now dead girl - Brodie Rae Constance Panlock - asks that the Law be changed so the Bullies Can be Jailed!

From MSN News page------
http://news.ninemsn.com.au/national/1009471/workplace-bullying-leads-to-death

Jail workplace bullies: victim's parents13:26 AEST Mon Feb 8 201014 minutes agoBy Jeff Turnbull Feb 08, 2010

The parents of a young waitress who killed herself after being subjected to relentless workplace bullying says the law should be changed to allow courts to jail tormenters.

Three workmates, and the owner of Cafe Vamp in the Melbourne suburb of Hawthorn, were convicted and fined a total of $335,000 following the death of waitress Brodie Rae Constance Panlock, 19, in September 2006.

Ms Panlock threw herself from the fourth floor of a car park in Hawthorn after enduring physical and mental bullying at the cafe where she had worked for 16 months.

She died three days later in hospital from her injuries.

Former workmates Nicholas Smallwood, 26, now of Queensland, Rhys MacAlpine, 28, of Kooyong, and Gabriel Toomey, 23, of Melbourne, all pleaded guilty in the Melbourne Magistrates Court to failing to take reasonable care for the health and safety of persons.

The cafe's owner Marc Luis Da Cruz and his one-man company MAP Foundation pleaded guilty to two charges, including failing to provide and maintain a safe working environment.

All four men were convicted on the charges, with magistrate Peter Lauritsen on Monday describing their actions as "the most serious case of bullying" and saying he would have doubled the penalties if they had not pleaded guilty to the charges.

MAP Foundation was fined $110,000 each on its two charges while Da Cruz was fined $15,000 each for two similar charges.

Smallwood was fined $45,000, MacAlpine $30,000 and Toomey $10,000.

Mr Lauritsen said there was a "poisonous atmosphere" among the staff at the Hawthorn cafe with persistent bullying although Ms Panlock was singled out for a greater degree of bullying.

The three accused employees had been warned by another Vamp employee, Meghan Chester, that if they continued to bully Ms Panlock "they would have blood on their hands".

In one incident, Smallwood and MacAlpine poured fish sauce over her hair and clothes.

Ms Panlock had tried to kill herself in May 2006 by ingesting rat poison and had spent three days in hospital before returning to work where she was again taunted by the men who called her fat and ugly.

Mr Lauritsen said Da Cruz had given tacit approval to the bullying by telling his staff "to take it out the back" when abuse was being carried out within the cafe.

"Da Cruz gave tacit approval of the behaviour by not taking reasonable care to stop the persistent and vicious behaviour," Mr Lauritsen said.

Outside the court, Ms Panlock's mother Rae, who had been unaware of the bullying, described her daughter as a "beautiful girl who was full of compassion".

"She was my little ray of sunshine, a very pretty girl, and the things that they said about her ... what can you say, it just breaks your heart.

"As far as I'm concerned they drove her to the edge and they pushed her over - as far as I'm concerned they should be in jail."

Ms Panlock's father Damien said the law should be changed to include a custodial sentence.

"Change the law," he told reporters.

The acting executive director of WorkSafe Victoria, Stan Krpan, said the sentences send a clear message to the community that workplace bullying should not be tolerated.

"The offending in this case was of the most serious nature, the most serious category of offending," Mr Krpan said.

"The culpability was high, the culture at this workplace was vicious and was not acceptable."

* Readers seeking support and information about suicide prevention can contact Lifeline on 13 11 14 or SANE Helpline on 1800 18 SANE (7263).

Saturday, February 6, 2010

Government Website and Bullying in Schools

An Added Option for The Federal Labor Government's New Schools Website.
I would like to suggest that on the very new "My School" ratings website just released into the ether by the Australian Federal Labor Government that a process/component be included onto the site. re. bullying in schools. This component could sit alongside the quality assurance of teachers and schools plus pupils' examination results - but with statements and studies specifically relating to how a particular school deals with the ongoing problem of bullying. "Bully ratings" could then be included onto the website as an integral part of the individual school profile and assessment. Private or Public School - no matter - all equal.

Transparency is a wise option when it comes to addressing any lacklustre performance in dealing with a long term entrenched problem. If insightful questions are put up for the public to read and digest then results can often improve as the direct result of public scrutiny . One query for example which could be asked is- How does your school rate on the “bullying” scale? or " How often do your teachers give stress as the reason for being away from their workplace?" or do pupils ever list "bullying" as a reason for not attending school? and are the children playing truant doing so for the same reasons?
Truancy is non-attendance at school and non-attendance leads to no education which in turn results in poor grades and results in not much of a choice in future career options.
In this scenario it could possibly be found that a specific school has a really bad bullying record but for whatever reason has been slipping under the net - what options does the school have to clean up their act? Where they can get help? Will they need extra funding for additional school security and psychological counselling?
On a national scale the overall threat of reduced school funding coupled with school children leaving to go to publicly listed safer school may make the authorities act in a more responsible manner while at the same time forcing the offenders to take stock of their actions and get help.
Now we know money always talks, so in this area of grave concern the resulting reduction in funding coupled with falling pupil enrolments could ensure that the problem comes under close scrutiny and is given really high priority and bingo - Australia’s kids would then be better protected from their bullying counterparts.

So down to basics - within the assessment of bullying ratings as applied to each and every school - parents would be able to assess whether they want to send their child to a school that say enjoys both a high level of teaching and a high level of bullying or to a school where the grades aren’t quite as good but the children don’t resort to killing themselves either - bit harsh but all children in order to become socially acceptable, well adjusted and educated human beings need to be protected during their formative years.

Therefore if the overall emotional quota levels enjoyed by the pupils in a particular school are placed onto a public platform, i.e. the Australian Federal Lab or governments “My School” website, then prospective users would be able to carry out their own assessment of the e.q levels on school by school basis. Results being that they are better informed to make serious decisions which will affect their children’s educational performance on an individual level.

The inclusion of such information is of the essence. Subsequent assessment of each school could result in pupils flocking to the safety of the schools that care; while those don’t or who cannot contain the pervasive wickedness of bullying within their walls will find that their pupils will vote with their feet. This idea can only be good for the children; and will possibly slow down the bullying virus that can be carried in the individual’s mind and body to be spread at will in a future workplace.

Ergo this would be good for both the Australian economy and the individual.

Author: a.a.gallagher
Copyright: February 2010


The "My School" website link - an Australian Labor Government Initiative
• Find a school | ACARA
the latest initiative by the Federal Labor Government.

Friday, February 5, 2010

Be A Part Of The Solution To Workplace Bullying

The Cost of Workplace Bullying: To People and to Corporate Business



The cost of workplace bullying is huge. So huge and with all the politically correct garbage going around no one seems able to contain it! not governments, not schools, not local businesses, no one - no where.

So if you are experiencing any type of workplace bullying you need to protect yourself before your problem escalates. I have put together some hints/tips to help you fight to keep your place in the workplace so that you too do not lose out financially on a personal level. If the big boys can't do anything to help then you must fight on for yourself at the lower levels of the business pool.

Some hints to help - (I just wish I had thought of all of these tips before I got caught up in the morass of depression and loss of confidence)

A Small Solution - Keep a Diary

If you are being bullied you really need to keep a diary - what did I advise? Please keep a diary. Why do I say this? Well, it is because if you end up having to confront the bully or offer proof to the Office Executive, or the owner of the company where you work, or even just to ensure that you personally know that you are not going insane. You have written evidence that you have diarised, which you can refer to in an instant.

And No - you are not going mad it is just that little things add up so much you begin to feel overwhelmed, you can suffer a loss of confidence and of course any ensuing stress leads to loss of sleep. Loss of sleep leads to forgetfulness. It then really becomes a vicious circle until such time that the people being bullied either deal with their issues or pull up stumps.

So to get back to why a person being bullied needs to keep a diary an example could be that when for instance the bully sets a time for a meeting then either forgets to tell you or changes something pertinent e.g. the time or place when you are required to attend , rather than suffering through even more manufactured personal embarrassment because of your late attendance or even non-attendance, you can then refer to your diary and state in public (if you feel able) that you were given the wrong time by whoever, and request that the person responsible for making future meeting times email you in the future - try to get any future relevant information in writing-via email if possible - even have the next meeting specified in the Minutes for all to read and digest. Then put both your incident and your solution into your diary. Try to be methodical and deal with each tyrannical issue in the same way.

Another small solution on your part could be that you could meet with the person who is behaving inappropriately towards you and tell this sad individual that their bullying ways are unacceptable. However you must do your best to remain Professional at all times - do not sink to the same level as your oppressor. If you must have a one-on-one meeting with the bully, place a tape recorder on the table within plain view - it may slow things down a little. Now despite the fact that by this stage of the game you are starting to lose confidence and maybe becoming rattled, try to be prepared and calm for all onslaughts.

Remember if you can that while this whole vile experience is new to you, the serial offender has probably enjoyed this process a number of times in the past and that he/she is adept in sadistically manipulating you.

The best advice through out all these words though is to keep a DIARY - for your own sake.

copyright: author a.a.gallagher

Another Solution to Office Bullying

To deal with this large scale issue in a holistic manner I suggest that large workplaces band together to address workplace bullying or mobbing nationally i.e. through a centralised and/or regional Government department. Let's call it "Bully Central" whereby people in the workforce can phone a hot line and register their complaint and the name of their bully and place of work.

There is a definite need for a centralised area to be set up to deal with this insidious and demoralising behaviour.The office set up to deal with bullying or mobbing in the workplace should be open to all members of the workforce - both in the private and public sector.

In this centralized Governmental office e.g. the Public Service Commission, the new section "Bully Central" would be formed to deal solely with this widespread, insidious and severe OH&S problem. A nationwide computer program could be installed in the designated office (similar to our driving license and records system) whereby if it was found that the subject of a complaint was a serial offender then legislated steps could be taken to address the problem.

In actual fact the serial offender through this proposed centralised method, could be found quite quickly because alarm bells would be raised when the same name was flagged repeatedly - the recidivist bully could be dealt with and maybe helped to overcome their micro management styles that so devastate the people who are unfortunate enough to have to work to them or with them.

Psychiatric counseling could be offered, financial levies and the demoting or downgrading of the offenders' position could be considered. Complete removal from the offenders'(the bullying individual) comfort zone could allow for victim recovery, their personnel file marked, and finally a staged recognition of unacceptable behavior implemented via a "three strikes you're out" process.

I think that is a reasonable scenario given that the person who is being or has been targetted needs time to recover, some tlc and of course to be supported via counselling and or monetary help or compensation. The compensation could be graded also based on whether the serial bully has managed to slip through the net to practice their evil arts on a continuing basis.

If the person has had to leave their place of work and feels unable to ever face work again because of their treatment; then they need to be assessed as being and graded as a person who been "Broken" by the bully and they would need to be given extra special treatment as would the bully!

And while I am about it, what if a similar centralised office was set up specifically for children who are being bullied in school. Maybe the schools involved could being given a Publicand easily accessible "bully rating". Parents could make their decision based on accurate information, then when choosing a school for their child, assess the school's "bully" rating and make their decision accordingly. I bet that being affected "through the pocket" would certainly ensure that bullying as a practise would be examined more thoroughly.

copyright:a.a.gallagher contact: annesbooks@gmail.com

An addendum to my article and ideas - Under the current legislation as it relates to the current Privacy Rules; obviously operating "bully central" would be most difficult for the "man in the street" to carry out but if it was instituted by government it could be protected by the current privacy rules and regulations whcih would protect any personal information gleaned. It could then operate somewhat like the "freedom of information" act whereby only those directly affected have access to the information - not every man in the street! So, for example should a school be shown to have a high "bully" rating that rating could be made obvious to the potential student but not the names of the bullies already in situ.... The targetted student might enjoy seeing his/her oppressor's name up in lights; but really that could defeat the purpose of trying to stamp out the practice of bullying by turning the situation upside down should the oppressed and the oppressor just change places!

copyright:a.a.gallagher


contact: anneshubs@gmail.com

Ban the Bully - Enshrine The So-Called Australian "Fair Go" in your Workplace!

This essay/blog is being written from the perspective of one who suffered through the bullying process and enjoyed (not quite the right word) losing one's source of employment through the actions of others. So in an effort to try to both understand and also come up with some type of solution I offer you the following thoughts. My position was within the ranks of a Public Service Department in Australia where a clearly defined moral and personal code is followed. This is code of conduct is legislated as "The Australian Public Service Code of Conduct". The code aims to fully protect and guide employees but unfortunately does not appear to fully protect against the bullying behaviours of others.

The Australian Public Service Code of Conduct is a well thought out living document, but if there are such obvious gaps that allows bullying or mobbing to occur with no redress to the mobber or bully, then maybe the related code/legislation needs to be re-processed/rethought from a different perspective.

My enforced early retirement from my place of employment gathered speed in the early 2000's when Des/sy Dank arrived as the new branch head of my workplace. Life had previously been difficult as there was already a resident bully insitu, but as he was subordinate to me I was managing. Then the double whammy!

The then General Manager advised me that the newly appointed branch head was in fact Dessy. My reaction was one of dismay and I advised him that I had heard that he/she had quite a formidable reputation for causing grief and also that I was somewhat upset that he/she was coming to my area of work. I even said to him that I guessed my career was now over. To his commendation he sought me out the next day to say that there was nothing he could do about his choice, the wheels had turned and he hoped I was wrong -that it would work out all right. Well all I can say is it didn't for me - he/she won and I lost. He/She is in employment, and I am not. She/he is the smiling bully - one who by applying the Kiss Up: Kick Down system to the right people continues to sit in a tactical position of moral rectitude whilst as a hard working officer who worked diligently to achieve Australian Standards for the department, observed that my reward was to be passed around like an unwanted sack of potatoes - to become an object who engendered both pity and feelings of superiority from others more fortunate than I not to have worked for the poor sad individual described above!. These statements do not to take away from those who really tried to help me but such is the way of the public service once that great wheel of bureaucratic righteousness starts to turn there is little or nothing anyone can do to stop the inexorable passage to the last station.

So after being forced to lose my hard come-by income, plus the results of three non-stop years of work to retire much earlier than I had planned,I write in an effort to finally shake off those feelings of ineptitude, sorrow, depression and loss of confidence, which came about as a result of my workplace mobbing. I am mostly in wonderment at the disappearance of the idea of a "fair go" for all. It used to be an essential part of the Australian persona - the fair go for all especially the under dog. From my perspective it seems to have been gradually eroded from all areas of our lives-from the plight of the unfortunate incarcerated refugees to the basic rights of the workers. The suggested changes to the current industrial legislation bodes no good for anyone. And it seems that everything always comes down to a) the eternal dollar, (the surplus to be used as a carrot stick at election time), the bottom line and user pays; plus b) the fear factor, which appears to be the current liberal governmental method employed for the purpose of winning elections.

It is a great name for such immoral behavior "mobbing" and although it has a somewhat uniquely Australian sheepish ring to it, the term actually originated in France and Scandinavia - an outcome to the workplace nightmare of victimization that occurs when according to the research carried out, a person doesn't quite fit the perceived mould of those who are employed in the same place of work.

This mobbing can come about for a number of reasons, the victim's background, ethnicity, religion, attitude to work, age, moral values, abilities and even if for example, there is someone already employed in the area who feels they have a better right or historical claim to the position the perceived interloper has won.

And it can be started by the smallest of issues - clothing, perfume, a spouse's employment, even smoking. There could even be a correlation here with the novel "Lord of the Flies" by William Golding, where the bullying attitudes of intellectually weaker, but stronger members of the group actually assume leadership over the intellectually superior, but less physical members to create moral and emotional havoc in their lives.

I can remember a case in an earlier place of employment where a chap sat and smoked his smelly old cigar at his desk, directly opposite a girl who was allergic to the smell of smoking in any form. She took her case to the highest person in the office to no avail. Desperate she took matters into her own hands and brought a large fan into work, which she positioned on her desk to face the smoker. When he smoked she turned on the fan and his offending smoke blew back onto him. Ultimately she was moved out of the office, across to a non air-conditioned building while he continued to fearlessly smoke his cigars until anti smoking legislation was introduced.

It would appear from what I have read and heard about there are many cases in the general arena where people have been mobbed out of their area of work, and in some really bad cases completely out of their place of employment. The victim is so demoralized that their feelings of worthlessness cause them to ignore any paths of possible redress. Although quite often there is no comeback, no standing up for one's rights. One has to be quite brave, courageous in fact, especially everything looks so black one could wish one was dead and illness sets in - both physical and mental - and it becomes too hard to see a logical conclusion to the whole sorry mess. What I found to be totally odd was the fact that in a federal department; where one should justifiably expect to be protected, action could not be taken because the bully was so smart that she/he used the public services processes to achieve his/her own ends. No action = ongoing vile behaviour!

The mob or should I say the tribe, because that is how it appears to me with the social structure of the mob being somewhat tribal in its familial attitudes, then gets away with the dishing out inappropriate treatment - again and again.

Maybe from their point of view they think that what they are doing is correct - protecting the workplace from people they do not see as fitting their mould of operation. So it is that their perception of how work should be carried out in their little corner of the universe, their standards, and their ideal of what type of person should be employed in this particular place, becomes the office norm. This mobbing seems to cross all levels of employment. The employees to the boss, the new boss to the proven officer, the gang against a new person, and on it goes.

Really it is like being in the schoolyard again, but with your right to work and earn affected! What I would really like to know is how can this type of unequal and immoral behavior be stopped? What are the legal workforce bodies able to do to ensure the appropriate standard of mental and emotional safety for those they employ against the thugs (whom they also employ and for whom they are actually responsible) who operate within their own moral confines and enjoy what appears to be a comparative immunity?

This is quite apart from the age-old adage of "monkey see monkey do" where the messages, obvious and subliminal, are sent to others who are caught up in the events by being purely witnesses or accomplices to the unfolding events.

When did this type of behavior emerge or has it been there all the time in camouflage? Or is it that the normal bullying inherent in large organizations, has evolved into something of a different colour, flavour and nature?

From my own perspective I think that sometimes it is a power trip that has emerged when a somewhat emotionally fragile person (being the sad small minded bully) has enjoyed all too briefly one moment in the sun, and who then wants a repeat experience of that fleeting importance of being.

Maybe the "mobber" or "bully" is a person who started out believing in the stringent truths of black and white with no allowances for the varying shades of grey and who as a result (or maybe just for argument's sake) becomes a "whistleblower". This person subsequently enjoys the judgmental comparisons between good and bad, the stealth of the investigation; the so-called admiration one receives for one's bravery in action, plus the hearty riposte exchanged between senior management and ambitious staffers. This event naturally concludes and the person involved feels for one reason or another diminished. And so through new life-changing measures the formerly fragile individual commences a life of conquests each time proving to themselves that yes they were right in their first assessment of that situation which occurred maybe ten/twenty years previously, and that they have every right to inflict further damage to unwary individuals who cross their paths. It is their subconscious feelings of superiority and worthiness that then over-reach everything to colour their perspective and judgment. A negatively biased behaviour manifests over the ensuing years - often to the detriment of others.

Obviously this not a crack at the integrity of all whistleblowers and, there are definite affirming places in society for people with their concerns for the correction of the societal ills that afflict people less equipped to deal with horrible outcomes like loss of employment, loss of rights, loss of emotional being and the additional fall out that can happen if they do not have adequate support in their hour of travail. ASnd for a tuly appallingoutcome please the essay below that was potsed on msn news just today!!!

for my solution to this widespread problem please see next post... here's to us who have suffered there just may be redress if those who can help- do!

copyright: a.a.gallagher 2007
contact: anneshubs@gmail.com

Take this latest case of bullying in the today’s (6/2/2010) news; which comes direct from the Victorian Government heartland.


Named and Shamed

While you this read please try to forget the cruelty involved, the emotional loss, the loss of life, the catastrophic fall out for the young girls' family, the loss of reputation for the cafe owner, the loss of jobs for the other staff in the cafe, (deserved or not) and concentrate on the economic fall-out factor that this bullying behaviour this has had and is still having on the individual Australian taxpayer.

For example when assessing the economic losses involved in this one instance of bullying in this small business enterprise, extrapolate the losses out across Australia, multiply those figures and what do you have? – what you have is an incredibly expensive and cruel practice that in the long term (that is until the Federal Government stops fiddling while Rome burns) will rebound back right onto the Australian taxpayer.

Now as we know money counts in today’s world – so if this is the case why can not the problem of bullying be put under a very strong spot light (a microscope in fact) to be examined and terminated. And so we wait for the Federal Government to take action....so much waiting!

A Bully Of a Day At The Office? - Help Yourself and Help Others - Take Action!

Mobbing or bullying can come about for a number of reasons, the victim's background, ethnicity, religion, attitude to work, age, moral values, abilities and even if for example, there is someone already employed in the area who feels they have a better right or historical claim to the position the perceived interloper has won.

And it can be started by the smallest of issues - clothing, perfume, a spouse's employment, even smoking. There could even be a correlation here with the novel "Lord of the Flies" by William Golding, where the bullying attitudes of intellectually weaker, but stronger members of the group actually assume leadership over the intellectually superior, but less physical members to create moral and emotional havoc in their lives.

I can remember a case in an earlier place of employment where a chap sat and smoked his smelly old cigar at his desk, directly opposite a girl who was allergic to the smell of smoking in any form. She took her case to the highest person in the office to no avail. Desperate she took matters into her own hands and brought a large fan into work, which she positioned on her desk to face the smoker. When he smoked she turned on the fan and his offending smoke blew back onto him. Ultimately she was moved out of the office; across to a non air-conditioned building while he continued to fearlessly smoke his cigars until anti smoking legislation was introduced.

It would appear from what I have read and heard about there are many cases in the general arena where people have been mobbed or bullied out of their area of work, and in some really bad cases completely out of their place of employment. The victim is so demoralized that their feelings of worthlessness cause them to ignore any paths of possible redress so usually there is none, no comeback, no standing up for one's rights.

An addendum to the above- I heard recently that one of the minor bullies that I had to contend with was bullied by the chief bully after I left my former place of work and while this was small solace - it just goes to show that no one is immune even if they think that they have the power behind them - because the chief bully will always need a victim to prove themselves worthy of whatever!

copyright a.a.gallagher 2007