Payout of more than $325,000 after making bullying and harassment claim

The worker, with over 25 years' experience with the hospital, received more than $85,000 as weekly payments of worker's compensation to cover lost earnings on top of a Common Law settlement for pain and suffering and loss of earnings damages of $250,000 after she ceased work due to a psychological injury during February 2020.

According to court documents, the plaintiff alleged that she made numerous complaints about the alleged bullying by her co-worker at the time to the appropriate SWH staff.

She sent one email to the employer in 2018 stating: "I'm physically unable to come back to work tomorrow. My Doctor wanted to give me the rest of the week off, but I need to be back ... nobody covers for me".

"... Besides sleepless nights, I didn't really realise the impact work (was) actually having on my health and after I got off the phone from you - I went outside and vomited in the gutter!!!!"

The plaintiff said that she pursued a lower paid role in 2018 to avoid working with the co-worker.

SWH denied the plaintiff's claims and an out-of-court settlement was reached with the organisation's insurer.

A SWH spokesperson said "South West Healthcare declines to comment further on this matter. South West Healthcare will continue to work hard to ensure that all staff feel safe at work."

The plaintiff's lawyer Creon Coolahan, consulting lawyer at Dwyer Legal, said his client had alleged that SWH had failed to investigate his client's complaints.

"My client alleged that South West Healthcare advised that it would appoint an appropriate staff member to investigate - however that staff member was understood to be an actual friend of the accused bully," he said.

"My client said that when she raised concerns about the relationship between the accused bully and the investigator she was told: "No, work's different'."

Mr Coolahan said his client alleged that she was never told if any investigation eventually took place, nor was she advised of any outcome.

Mr Coolahan said his client encouraged other workers to strongly pursue their rights.

The plaintiff in a statement said: "When a person/persons no longer feel they have any control over you they try to control how other people see you.

"I would encourage people with complaints to go through the correct processes at their workplace if they are experiencing bullying and to escalate those complaints to external professional help once there is that realisation that nothing is being done in the workplace to support them or change their situation.

"I was fortunate to have the full support of my GP, family and friends and had the utmost respect and trust in my professional team".

The plaintiff said she hoped SWH could improve the working environment.

"In my opinion the culture needs to change," she said.

"When other co-workers are groomed and enabled to exhibit the same behaviours, it is an unbearable environment to work in."

Mr Coolahan added case law on the subject of workplace bullying and harassment made it clear that in most cases workers needed to put their employers on notice about bullying in the workplace and the effect it was having upon their mental health in order to succeed with such Common Law damages claims.

In a draft statement of claim served on SWH, the plaintiff claimed she performed duties in a stressful environment at work.

She claimed bullying and harassment primarily by one co-worker, but also by two others.

The document alleged there was a failure by hospital management to adequately respond to complaints the plaintiff and other employees made of bullying and harassment by that primary co-worker.

The document also alleged there was a failing to provide a safe system of work, failing to provide a safe place in which to work, failing to have any or any proper precautions in supervising, counselling and protecting staff and providing a safe work environment, a failing to heed the Plaintiff's complaints and failing to take any or any adequate steps to deal with the co-worker's behaviour, despite being aware of it and failing to have an effective bullying and harassment policy.

SWH denied the plaintiff's claims and an out-of-court settlement was reached with the organisation's insurer.

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