Harmed by management, capability hearing

[stephenkink]

Last Sept I was told by my supervisor that a client I worked with had made very damaging accusations against me. I was so distressed I took some leave and was told by docs (mine and theirs) that I suffered from depression. Now many months later I still have problems and take medications. During a grievance proceedure I discovered that there were extraordinary safeguards in place to protect staff. This was never mentioned to me, nor was I advised the client had a history of making off the wall accusations. I won the grievance (just a tecnicality), attended an Absence Management (we cannot bring you back to work until you are given a clean bill from the docs), and sent to visit other avenues of possible healing. Now they want another meeting and to discuss the possibilithy of a capability hearing. My sickpay is all used up, I am turning 68 soon and have a private pension.

 

My question is what now? What are my options and how should I proceed. I still have anger, resentment and issues of trusting with the workplace. I would like some accountability on their part.

[filrobbo]

Retire you don't need this sort of crap at your time of life , medical retirement

[Emmzzi]

I won the grievance (just a tecnicality), attended an Absence Management (we cannot bring you back to work until you are given a clean bill from the docs), and sent to visit other avenues of possible healing. Now they want another meeting and to discuss the possibilithy of a capability hearing. My sickpay is all used up, I am turning 68 soon and have a private pension.

 

My question is what now? What are my options and how should I proceed. I still have anger, resentment and issues of trusting with the workplace. I would like some accountability on their part.

 

Your employer is duty bound to investigate complaints. It sounds like you got a "not guilty". So I am not sure what further your expect them to be accounatble for as I cannot see what they have done wrong.

[stephenkink]

Thanks for your kind replies. What they did wrong was not informing me of the presence of a recording device specifically in place to prevent such problems. Every other employee who worked with this client knew of the machine and the rules that it be engaged during hours when staff might be vulnerable. A bit like being taught to drive a car but never knowing about the brake. Does this help?

[Emmzzi]

Not sure. I think what you are describing is claiming for an industrial injury (to mental health) due to employer negligence?

 

I need to warn you that is usually damn near impossible to prove.

[stephenkink]

I hear that! Attorney? Or retire and carry on?

[Emmzzi]

Invoke the formal grievance procedure. Especially set out any loss of income incurred eg overtime etc. See what they do? Is cheap and easy option.. you may get lucky...

 

I'd resist a lawyer unless you can get a no win no fee, which I doubt.

[stephenkink]

Can a Grievance include lost wages because they have essentially 'retired' me through negligence? I believe the offending Super was canned, and the current one just wants to draw a line under this. However, the job I had will not be available so I would need to take essentially a non-skilled position as support worker. It hurts. Now I know the be a man crap and all... but they damaged me and then tried to cover it up. So can I grievance for the wages I am losing because I will not be working until I am 70 (the age I felt I would retire)?

[Emmzzi]

No, you would need to prove an industrial injury for that. So far they have asked for a clean bill from the doctor. You may well still get that!

[stephenkink]

Latest word from doc is that I still need therapy. Sorry not sure purpose of another grievance?

[Emmzzi]

are you losing any money while you are off?

[stephenkink]

sick pay is used up... I am losing the pay I would be getting for carrying on working... that's it

[Emmzzi]

then that is what the greivance is for

[stephenkink]

They told me I cannot return until I am cleared by the docs. So I have lost my job (amounts to being terminated) because they were negligent.

[Emmzzi]

you can't prove that without claiming for industrial injury which is, as I have state, near impossible for mental health claims but you can give it a go if you want

 

the grievance is to allow them to bypass that process and give you a cash sum if they so prefer, tstaing it is about lost wages, not anything else. It probably won't work but it'll only take an hour or so to write it so why not try?

[stephenkink]

I like your thinking. Will let you know how things work out. Thank you very much for time and knowledge!