The Byron Shire Echo – Issue 36.35 – February 9, 2022 by Echo Publications

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Kittens and decisions Corporate giant DP World accused of systemic workplace bullying A lot gets decided, dear reader, by those we entrust on our behalf. And that impacts us in good and bad ways. If you are interested in the slightest in what political actors and buearacrats do, then please do push on. If not, there’s cute kittens to your right. As the global elite distract us with psyops and nanotech while pushing authoritarianism upon our simple impressionable minds, a small meeting occurred in Mullumbimby last Thursday with nine people that were elected by the Byron Shire electorate last December. If you want to spend eight hours (it really is that long), then the audio and video are available via www. byron.nsw.gov.au. In a short and concise way, let’s note a few key things decided: New and returning councillors agreed to commend planning staff for the vast amount of work they are required to undertake. Yes – the Liberal Nationals government will never be satisfied until paradise has become car parks, shopping malls and sprawling urban landscapes. Cr Duncan Dey told The Echo after the meeting that all regional councils were sent the same threatening letter by the NSW planning department, warning them about the ominous sounding Environmental Planning and Assessment (Statement of Expectations) Order 2021. And that, says Cr Dey, is because regional councils still have planning powers – city council’s don’t (although they used to). Want to squeeze a bureaucrat? Crank up their staff performance benchmarks to an unrealistic point, and then take over with an administrator whose sympathies lie to the right of Genghis Khan. It’s all happening folks. Scary huh? Meanwhile, Council newbie, Cr Mark Swivel, has taken a brave and heroic stab at the impenetrable armour around the guvmint. His motion to ‘recycle stamp duty and land tax revenue into Local Government Areas experiencing house price inflation and homelessness, housing shortage and rental stress’ passed. As such, it will be taken to

Not interested in the things that impact your life on this material plane? Then here’s some kittens. Photo www.wallup.net the upcoming LGNSW Special Conference. The sensible argument is that this vast amount of money should instead be invested into ‘new housing stock for essential workers, lower income and vulnerable members of the community’. Oh, to see the expression of the pompous NSW Planning Minister, Anthony Roberts, if he gets confronted by that motion, should the LGNSW Special Conference adopt it. Way to go Mark! Council’s Code of Meeting Practice was deferred, thankfully, because as a famous BBC TV bureaucrat might say, such things should be considered in the fulness of time in order to reach a mature decision. Senior Council staff had wanted councillors to reduce public participation in morning access by banning questions. Likewise, adoption of council delegations was also deferred, which gives the newbies a bit more time to reach a decision based on grounded independent thinking. They do think for themselves, don’t they? The threshold of delegations is important because this is Byron Shire. In most shires, staff are delegated powers over most issues, like determining large contentious DAs and handling court cases. You don’t want pesky councillors in the way of ‘progress’. Yet in this bubble, there’s a middle finger sticking it up at ‘progress’. And you can thank whatever God you like for that. Hans Lovejoy, editor News tips are welcome: editor@echo.net.au

nother corporate global giant has been accused of covering up systemic bullying, assault and harassment within its Australian workplace. DP World, which operates ports in Brisbane, Sydney, Melbourne and Freemantle, has been publicly called out by a number of its employees who claim the company is unwilling to stamp out its toxic workplace culture. It’s also claimed the company actively protects perpetrators and vilifies victims. Whistleblowers say they have been given 24-hour bodyguards as a result of being threatened by other employees, and are fearful for their safety. Five dockworkers have been paid out more than $3 million after being assaulted and harassed. The claims about the company’s poor company culture include that employees who report bullying are given less desirable jobs and hours, and are threatened, intimidated and ostracised. One employee claims he had his shoes urinated in, while another says he had his shoes defecated in. A female employee says that after she agreed to be a witness for another employee who made claims of bullying and sexual harassment, she was physically assaulted. She also says that male employees would take their penises out of their pants and rub them all over equipment she had to use.

Union protection Workers say that DP World did initially try to change the workplace culture, but many perpetrators are protected by the Maritime Workers Union. As a result, these employees would stick together, and slow down their rate of work to negatively affect productivity. It’s been reported that at least three bullying cases involving former DP World stevedores have been settled by WorkSafe – the Victorian Government workplace health and safety authority – since

December 2020, for amounts of $740,000, $700,000 and $200,000. A former employee who lost his bullying case against DP World in a Victorian County Court last year is now appealing the decision in the Supreme Court. He has been fighting for compensation as a result of alleged bullying and harassment since 2014. Unlike others, he has not been offered a lump sum payment and is trying to support his family, living on a disability pension. In a statement issued to media, DP World said, ‘since 2016 the company has undertaken a comprehensive review of its policies and processes and that it takes its obligations towards providing a safe workplace very seriously, including psychological safety’. Workers say otherwise. Retaliation and abuses of power, unjustified criticism, offensive language and behaviour are all forms of workplace bullying which can have a serious impact on employees.

Laws against bullying In Australia, the Fair Work Amendment Act 2013 defines workplace bullying as repeated unreasonable behaviour by an individual towards a worker which creates a risk to health and safety. It outlines a range of behaviours that can constitute bullying. If a bullying claim cannot be resolved by an employer, an employee is able to pursue

their case through the Fair Work Commission. Under the Fair Work Amendment Act 2013, a worker who has been bullied at work can apply to the Fair Work Commission (FWC) for an order to stop the bullying. Other avenues for employees who believe they have been bullied may be through tort law (a civil claim) or contract law – depending on the employee’s contractual employment agreement with their employer. In other cases, there may be a case for a criminal investigation, which may result in criminal charges being laid. Threatening or intimidating someone can amount to criminal offences. But in a post #metoo social environment, when toxic workplaces are more in the spotlight than ever before, there is more pressure and onus on companies to get tough on employee misconduct and work towards stamping it out completely. Q First published at www.

sydneycriminallawyers.com.au/ blog/corporate-giant-accused-ofsystemic-workplace-bullying-andharassment Q Author Sonia Hickey is a freelance

writer, magazine journalist, and owner of ‘Woman with Words’. She has a strong interest in social justice and is a member of the Sydney Criminal Lawyers® content team. Sonia is the winner of the Mondaq Thought Leadership Awards, Autumn 2021.

The Byron Shire Echo Volume 36 #35 February 9, 2022 Established 1986 • 24,500 copies every week

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