Discrimination Claims wins $60,000 for bullied bisexual banker
Discrimination Claims has won more than $60,000 compensation for a bullied bisexual banker subjected to shocking harassment and discrimination.
The man experienced such terrible treatment by his supervisor, he was diagnosed with a work-related psychological disorder.
He has not worked since the middle of last year.
Bullied bisexual banker subjected to homophobic slurs
*Mike worked for the bank for more than four years when the new supervisor took over in March 2018.
During their first few meetings, the supervisor claimed to be a ‘gay whisperer’ who has the ability to tell if people are homosexual.
“My first husband left me for a man, I know all the signs, you can’t pull to wool over my eyes,” she told Mike.
He found the comments shocking and threatening because he is a very private person and did not want to be ‘outed’ at work.
The supervisor made a number of other extraordinary comments about the perceived sexuality of other workers in the bank.
“Look at him just staring at his computer, he is gay,” she said about one staff member.
Referring to a young man coming into the office for an interview, she said, “he is gay too”.
She described a branch manager as “camp as a row of tents”.
“Look at him just staring at his computer, he is gay,” – is one of the comments the supervisor made about a staff member.
Bullied bisexual banker finds comments offensive and threatening
Employment lawyer Christiaan van Oeveren from Discrimination Claims, who fought Mike’s case, is appalled by the supervisor’s conduct.
“Not only are comments like this extremely offensive and ignorant, but they are very threatening to people who are actually gay,” he said.
“A gay person will feel the supervisor is deliberately targeting them because of their sexuality, even though sexuality discrimination is unlawful.”
So cold she ‘had her period in cubes’
The manager boasted how she enjoyed sacking people, describing herself as so cold that she “had her period in cubes”.
She delighted in telling Mike about firing a young staff member in front of the worker’s father.
Family responsibilities discrimination
The manager hounded Mike on the telephone during a day of approved leave to care for his wife.
She demanded he continue to carry out work duties despite being out of the office.
It was a clear example of family responsibilities, according to Mr van Oeveren said.
“It is unlawful to punish someone when they have legitimate family or carer’s responsibilities.
“For example, taking an approved day off to take a loved one to see a doctor.”
Furthermore, when the supervisor refused Mike permission to leave the office to attend an appointment with a psychologist, which is unlawful under the Fair Work Act, he made a formal complaint.
Supervisor blames Mike for car crash
Management ordered Mike to attend a mediation session – but denied him the opportunity to have a support person accompany him.
Additionally, management refused to allow him to seek legal advice, which is a breach of the Fair Work Act.
“Worker who are called into a disciplinary or mediation meeting are entitled to have a support person present,” Mr van Oeveren said.
The supervisor claimed the formal complaint against her, caused her to be involved in a car crash.
Employment lawyer Christiaan van Oeveren said the supervisor breached the bank’s bullying and harassment policies.
Post traumatic stress disorder
Psychologists and psychiatrists diagnosed Mike with:
- anxiety and depression,
- post traumatic stress disorder,
- social phobia and panic disorder,
- acute stress disorder, and
- adjustment disorder.
all of which they linked to his treatment at work.
Mr van Oeveren said the supervisor breached the bank’s own bullying and harassment policies.
Furthermore, she also engaged in unlawful bullying, harassment and sexuality discrimination.
Additionally, the bank breached the Fair Work Act by the way it handled his complaint.
“It is unlawful to treat someone at work this way,” he said.
“It will be the bank that will pay the compensation, because the employer is ultimately responsible for the conduct of their employees.
“In this case, it is responsible for the appalling conduct of the supervisor.”
Discrimination Claims negotiates $60,000 compensation
Before the matter reached a formal hearing in the Industrial Relations Commission, the bank agreed to pay Mike $60,000 compensation, plus an additional $1,500 to help fund his attempt to find a new job.
“More and more companies are coming to realise that when they allow this sort of unlawful conduct to go on in their workplaces, and then completely mismanage complaints of discrimination, bullying and sexual harassment, it’s going to cost them a lot of money,” Mr van Oeveren said.
“My advice to anyone who is having a workplace issue, whether you are an employee, or an employer, is to seek urgent expert legal advice.”
* Name changed
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