IN THE FIRST case of its kind, directors of a company have been found personally liable for a bullying incident in the workplace after a 16-year-old apprentice was subjected to an ‘initiation rite’ in which co-workers wrapped him in plastic and covered him in sawdust and glue
IN THE FIRST case of its kind, directors of a company have been found personally liable for a bullying incident in the workplace after a 16-year-old apprentice was subjected to an ‘initiation rite’ in which co-workers wrapped him in plastic and covered him in sawdust and glue.
The case was brought before the NSW Chief Industrial Magistrate, who fined the company $24,000 and two directors $1,000 each under the state Occupational Health and Safety Act, on the premise that the bullying formed an unsafe work system.
Lawyers said that although the case was extreme, it created a precedent within NSW and there were personal implications for employers.
“This is sending a message to the high end of business that bullying in the workplace equals providing an unsafe system of work, and therefore if WorkCover seizes on it they might prosecute you under the OHS Act,” said Joe Catanzariti, head of Clayton Utz’ workplace relations practice.
“The door is open for people to complain to WorkCover that they’ve been bullied in the workplace, that it’s an unsafe system of work, and therefore WorkCover should go after the employer.”
While Victoria and Queensland legislation contain specific provisions on bullying in the workplace, NSW presently has no legislation that deals specifically with the issue.
Catanzariti said the case left a gap in that magistrates could be forced to answer hard questions by expanding the perceived scope of existing legislation.
The case was brought against MA Coleman Joinery’s directors Brian and Graham Coleman, after five employees used a machine to wrap 16-year-old Dwayne Doyle from his feet to his neck in cling wrap. Doyle, who was an asthmatic, coughed, choked and was unable to breathe, as the employees then proceeded to cover him with sawdust then squirt glue and water in his mouth.
Brian Coleman knew the initiation would take place, while Graham Coleman, who was supervising the factory floor on the day of the incident, did not deter the employees from carrying out their initiation.
“The impression I gained was that a culture of initiation existed within the factory and the fact the incident lasted approximately half an hour during working hours without management intervention enforces that impression,” magistrate Miller said in his 5 May judgment.
“What occurred on this day is often described as an initiation. It is a polite term for bullying … It is a culture that needs to be stamped out. Bullying has no place in the workplace.”
