Latest news with #workplaceconflict


Daily Mail
6 days ago
- Daily Mail
Public servant who nicknamed German colleague 'Helga' is reprimanded after workplace clash
A Queensland public servant has been reprimanded after clashing with her German colleague and secretly nicknaming her 'Helga'. Nikki Hornberg took the Department of Transport and Main Roads in Warwick to the Queensland Industrial Relations Commission (QIRC) after being pulled up on her behaviour on March 11. She argued the reprimand and extra training she was given after 'mocking' her 'abrupt' German colleague and using the phrase 'Nein, Nein' was unfair. But QIRC Commissioner John Dwyer disagreed with Ms Hornberg and ruled the reprimand was fair in a decision handed down on July 17. He stated Ms Hornberg, who worked as a 'project costing officer', had been racially stereotyping her German co-worker. The colleague in question reportedly spoke with a strong German accent, but was not named Helga. 'The use of the name 'Helga' when referring to the co-worker in question is enough, of itself, to justify the sanction imposed,' he concluded, as reported by the Courier Mail. Ms Hornberg did not deny that she referred to her German colleague as Helga behind her back. The colleague has not officially complained about the nickname or was unaware of it. TMR managers who knew about the nickname were said to be 'inept', Mr Dwyer stated. He also said the claim Ms Hornberg used the phrase 'Nein, Nein' was not 'particularly strong'. However, the allegation would stand as Ms Hornberg had not appealed that finding. 'Taking into account a permissive attitude or management ineptitude, it is plain from the evidence (including Ms Hornberg's own concessions) that she was using the name 'Helga' discourteously and disrespectfully,' he wrote. Mr Dwyer said Ms Hornberg should have been aware of the negative connotations of the nickname and should not have needed a manager to tell her to refrain from using it. 'There can be no doubt the choice of the name 'Helga' is a form of racial stereotyping,' Mr Dwyer added. The judge ruled that the simple reason Ms Hornberg chose not to address her colleague with the nickname proves that her intention was one of 'mocking'. Witnesses interviewed during the investigation alleged Ms Hornberg clashed with her German co-worker over a particular entry in a time sheet. Ms Hornberg's behaviour towards her colleague changed following this disagreement. The judge noted witnesses agreed the German colleague was also 'abrupt in her communication style'. Several witnesses, including a manager, did not think Ms Hornberg's use of the name 'Helga' was offensive, which Mr Dwyer described as 'concerning'. Ms Hornberg argued the conduct issue should have been dealt with by TMR as a 'performance issue' at a local level and should not have been escalated to a disciplinary issue. Mr Dwyer stated this proved Ms Hornberg's 'troubling lack of insight … into the objective seriousness of her conduct'. It also showed she was oblivious to the potential legal consequences for TMR as her name-calling created a risk her colleague could sue TMR for discrimination.


Daily Mail
22-07-2025
- Health
- Daily Mail
Gender tribunal hears NHS Fife guidance recommended police involvement over 'changing room incident'
A hospital consultant and a female-identifying medic discussed reporting a nurse to the police after she challenged the trans doctor for using a women's changing room, a tribunal has heard. Dr Beth Upton had emailed line manager Dr Kate Searle her account of the incident on Christmas Eve 2023. Nurse Sandie Peggie, 51, was suspended after challenging the 30-year-old resident doctor in the female-only changing room at Victoria Hospital, in Kirkcaldy, Fife. She is now suing NHS Fife and Dr Upton for being made to change next to her. Dr Searle, a consultant in emergency medicine, told the employment tribunal about the email and the subsequent meeting and said: 'Beth told me again the events that had happened, she was extremely shaken and distressed, and we went through all of the events. 'We looked at the NHS Fife hate incident policy, and going through that recognised that this was an incident that required a Datix to be completed, so we completed that together. 'We discussed reporting the incident to the police because that's again what is recommended in NHS Fife's policy. 'Beth said she would think about it. 'I then ensured we looked at her shift patterns to see when she was next due to be in, and if she felt safe to do that, and I made sure she had all the support that she needed at that time.' Dr Searle said that although it was considered, Dr Upton did not report the incident to the police. The tribunal heard staff at the hospital had reported a patient to the police for racial abuse and that 'Beth would have grounds for this if she wishes'. The consultant said: 'As by NHS Fife policy, I advised, Beth and I read it together and it states that it is reportable to the police and I think it encourages people to do so. 'But at the time Beth was happy she was going to think about it.' Asked if police were contacted, Dr Searle said: 'I don't believe it did.' The email on Christmas Day, at 3.17am, from Dr Upton described what the trans medic claimed had happened hours earlier. NHS Fife KC Jane Russell said Dr Upton had been told 'she wasn't a woman', and Dr Searle said: 'I was very concerned for Beth, because I knew that's not just an upsetting thing to say but also, by NHS Fife's hate incident policy, is verbal harassment of her.' Ms Russell said Dr Upton was questioned 'about chromosomes', and the consultant said: 'I could only imagine how upsetting and invasive a question that would be for Beth, and also not relevant to a colleague to ask another colleague. 'Beth identifies as female, and it does not matter what her chromosomes are to her.' The lawyer told the tribunal that in her email Dr Upton wrote that Ms Peggie had told her women have 'a right to feel safe, she said it's just like that person in the prisons'. Dr Searle said it was 'likening the situation to being akin to the Isla Bryson case' who is a 'convicted rapist who was housed temporally in a female prison'. The consultant said she had known Ms Peggie since starting to work at the hospital 11 years ago, and told the tribunal she was not aware of her gender critical views. Dr Upton was 'very open' about being trans when interviewed for the job, she said, and the tribunal heard had been out as a trans woman for just over a year at that point. In August 2023, Dr Searle had her first meeting with the medic, during which they discussed the changing room. Dr Searle said: 'I checked that she knew where the female changing room was and she was happy to use it, and she had used it previously in her other jobs, and that was the extent of our discussion.' She said because Dr Upton had used the female-only space in other jobs, and was comfortable doing so, she did not make any other suggestion. Dr Searle said: 'It was not an in depth discussion, I asked her if she was happy using the female changing room. She said yes. I had nothing else to add.' The tribunal heard that in preparation for the meeting the consultant looked at details including the 'Equality and Human Rights Commission statutory act' to confirm what the law was and that because 'Beth identifies as female she has every right to use the female changing room'. There was no NHS Fife policy on transgender staff at the time, the tribunal heard. Hearings, in Dundee, continue.


Daily Mail
01-07-2025
- Business
- Daily Mail
Shock twist after park boss was sacked over her four-minute foul-mouthed rant - despite 21 years of 'unblemished service'
A gift shop manager will be able to keep her job after she was sacked following a four-minute verbal tirade where she swore at and 'humiliated' another worker. Helen Woodlock has worked for Parks Victoria for 21 years and manages the gift shop in the Dandenong Botanical Gardens. But her employer had fought to have her sacked after an incident with a staff member from the adjacent Café Vireya in August 2023. Ms Woodlock had decades of 'unblemished service' until she erupted at the café worker for leaving the site unattended while several customers waited to be served. Countless complaints had been made about the café to Ms Woodlock who shouted 'f***' upon entering the store to find it empty. Soon after, the café attendant showed up, Ms Woodlock said: 'Jesus Christ, what the s***'s going on? 'People have been waiting here for f***ing 45 minutes. People are asking for food. Where are you?' The café worker replied that he had walked to the nearby IGA to get more paper for the EFTPOS machine. Ms Woodlock told the staffer he'd been gone for an hour and customers had been waiting even longer. 'Do you know what? And again I am sorry to diss you in front of customers but I've got these people coming up and I want to look after them,' she said. 'We've walked around for perhaps thirty minutes. The other man walked in and I'm like "hello, hello". 'These are our customers into our gardens, and where are you? So yes, I am upset because this is our gardens.' The café worker then said: 'Can you please stop yelling at me?' Ms Woodlock told the attendant he needed to speak to his manager. The incident was then investigated following a complaint about Ms Woodlock from the cafe's operator, with the CEO of Parks Victoria proposing she be fired. Ms Woodlock to the matter to the Fair Work Commission (FWC), claiming her proposed termination was unfair. She argued she walked into the café because she had safety concerns due to complaints about service delays and a gas smell. The FWC rejected her arguments, finding that her actions were the 'hallmarks of bullying' and therefore warranted termination. 'The nature of this conduct was degrading and humiliating,' the Commissioner found. 'It amounted to abuse and mistreatment of (the café worker) in circumstances of a power imbalance caused by the group aspect of the behaviour.' Ms Woodlock then successfully appealed the findings. In considering Ms Woodlock's appeal, the FWC heard that after 21 years of unblemished service, she was given 'unsolicited praise' from customers and had glowing performance reviews. Ms Woodlock claimed her job was 'part of my identity', that she was remorseful, and personal issues like the recent deaths of her step father and father-in-law, along with a 'serious respiratory illness' played a role in her behaviour. The FWC bench found that the previous Commissioner had relied on an incomplete draft record of an interview of the attendant. The FWC bench said Ms Woodlock subjected the worker to 'brutal public humiliation'. But there were numerous and 'significant countervailing considerations in the team leader's favour'. 'What took place was an uncharacteristic outburst of frustration and anger lasting four minutes, which, as we have noted, was partly explained by the poor emotional state [the team leader] was in as a result of her personal circumstances,' the bench found. 'We are also of the view that the personal difficulties she was suffering were exacerbated on the day of the incident, as a result of the respiratory illness that she was recovering from, the many incidents involving the café that she had been required to deal with over a lengthy period, and her distress at having to deal with angry customers of the café immediately prior to the incident.' It noted that while Ms Woodlock's conduct was serious, in their opinion 'dismissal is not disproportionate to the seriousness of her conduct'. 'We are satisfied that there is no risk of a repetition of the misconduct, and Parks Victoria will continue to receive the good service [Ms Woodlock] has provided for many years,' the bench found. It was also heard that the worker who was the subject of the abuse would suffer no unfairness from Ms Woodlock's continued employment because he no longer worked at the café. 'On the other hand, for [Ms Woodlock], the loss of her job would be a heavy, life changing penalty from which it is unlikely she would recover given that her prospects of gaining other employment are limited,' the bench said. 'In all of the circumstances, we consider that dismissal would be unfair.'


Daily Mail
25-06-2025
- Politics
- Daily Mail
Melbourne street cleaner sacked for objecting to an Acknowledgement of Country wins unfair dismissal claim
A Melbourne street cleaner has won an unfair dismissal claim after being sacked after objecting to an Acknowledgement of Country. When Shaun Turner asked why the Acknowledgement of Country was being made for the first time at a street cleaning meeting, Darebin City Council let him go. He told the meeting: 'If you need to be thanking anyone, it's the people who have worn the uniform and fought for our country to keep us free'. Council officers then investigated his alleged 'serious misconduct', and he doubled down. 'It's getting out of hand and people are losing it, it is now being done at the opening of a postage stamp. 'I don't need to be welcomed into my own country.' Mr Turner attended the meeting with council managers with an Indigenous support person and shared his view with investigators that the Acknowledgement of Country should be reserved for more formal or international occasions. Yvette Fuller, Chief People Officer at the council, told Mr Turner that it is a firm expectation for an Acknowledgement of Country to precede all formal meetings. Mr Turner replied: 'Why didn't we do it in this meeting then?' 'It is getting out of hand and that is why people are losing it, it is now being done at a postage stamp. 'As far as I know half of us are born here, I don't need to be welcomed to my own country. If people don't want to be there, they can leave. Ms Fuller then asked: 'Are you saying you will continue to disrupt an Acknowledgement of Country?' Mr Turner replied: 'I won't disrupt it but I want to be asked if I would like you to give me the courtesy to step outside.' The council's decision to terminate Mr Turner was based on allegations that he questioned the relevance of the Acknowledgement of Country and that Aboriginal and Torres Strait islander people 'do not deserve an acknowledgement at the start of meetings'. The termination letter stated that during the 21 May 2024 meeting, Mr. Turner confirmed he had said 'The Acknowledgment of Country is not necessary' and that Aboriginal and Torres Strait Islanders 'do not deserve an acknowledgment at the start of meetings' during the Toolbox Meeting. But Fair Work Commission's Deputy President, Richard Clancy, found that Mr Turner's statements were not delivered in the manner or tone alleged by the council. 'I am not persuaded that Mr Turner said either 'The Acknowledgment of Country is not necessary' or that Aboriginal and Torres Strait Islanders 'do not deserve an acknowledgment at the start of meetings'.' 'I am satisfied, however, that Mr Turner made a comment to the effect that if anyone was to be acknowledged or thanked at a toolbox meeting, it should be the servicemen and women who had fought for this country (i.e. Australia) but I do not consider that expressing such an opinion constitutes a valid reason for dismissal,' Mr Clancy said. He said Acknowledgement of Country would have caught the members of the Street cleansing team off guard and that Mr Turner's specific question 'are you joking?', together with his reference to the 'opening of a letter', were an articulation of a reaction of surprise. The Council's submissions indicate that it took particular offence to Mr Turner's use of the word 'courtesy' in the following statement. 'I won't disrupt it [an Acknowledgement of Country], but I want to be asked if I would like you to give me the courtesy to step outside.' They said it 'displayed contempt to the councils Indigenous employees and community'. But Mr Clancy disagreed. 'That Mr Turner holds a different point of view when it comes to Acknowledgements of Country does not, of itself, make him contemptuous of the Respondents.' Mr Clancy noted that both Ms Fuller and Elizabeth Skinner, who was the city works manager at the time, were sufficiently concerned by Mr Turner's conduct that they each contacted his Indigenous support person after the meeting to offer an apology -though there was no evidence the support person felt offended. Mr Turner's testimony included: 'I believe that I'm being made out to be a racist. 'Well, I've got to say that I was brought up on Broadmeadows. I come from a family of eight. My best friends out at Broadmeadows happen to be Aboriginals, one of them marrying my sister. I have a niece and great-niece and nephews who are all Aboriginals.' The Fair Work Commission will convene a subsequent hearing to consider Mr Turner's request for reinstatement and determine the remedy for the unfair dismissal. 'I reiterate that even if the reasons for the dismissal relating to the comments about Acknowledgements of Country and Mr Turner's colleague were regarded as valid, the dismissal was harsh because it was disproportionate having regard to context within which his comments were made and Mr Turner's circumstances,' Mr Clancy said.


Free Malaysia Today
17-06-2025
- General
- Free Malaysia Today
How to deal with passive-aggressive people at work
When faced with a colleague who is passive-aggressive, responding with direct aggression can be counterproductive. (Envato Elements pic) PARIS : They accept your requests with a smile, then conveniently 'forget' every deadline. They compliment you on your presentation, pointing out that they can 'finally' see your efforts. Or they suddenly disappear from your online work chats without explanation. These colleagues have mastered the art of passive-aggressive behaviour, that invisible form of violence that poisons the air without leaving a trace. These behaviours, particularly prevalent in the workplace, constitute a form of covert aggression that is difficult to identify and combat. Unlike open conflicts, they play on ambiguity and leave those on the receiving end helpless in the face of indirect but repeated attacks. The psychological impact can be devastating, including loss of confidence, chronic stress, feelings of isolation, and constant questioning of one's own perceptions. The good news is, understanding the psychological drivers behind passive aggression can help you protect yourself. Such behaviour stems from a desire for status and hypersensitivity to criticism, as Daniel Waldeck and Rachael Leggett from Coventry University explain in an article on The Conversation. Vulnerable narcissists use these strategies to maintain their position without exposing themselves to direct criticism. Being excluded from an event at work or having their ideas ignored can trigger a defensive reaction. Rather than openly expressing their frustration, they opt for indirect methods. These mechanisms manifest themselves in warning signs that are easy to recognise once identified. Social exclusion is one of the preferred tactics: avoiding eye contact in meetings, remaining silent in response to work-related messages, or deliberately excluding certain individuals from team communications. Backhanded compliments are another weapon of choice – 'Well done on that presentation. You did a great job, for once'- planting doubt under the guise of kindness. Added to this are indirect criticism, which involves 'innocently' sharing embarrassing anecdotes in public, and sabotage through procrastination. The latter involves systematically postponing shared tasks until the last minute, turning the passive-aggressive person's personal urgency into collective stress. Research on this subject reveals that repeated exposure to these behaviours causes anxiety, depression, and a significant drop in self-esteem among victims, accompanied by a growing sense of powerlessness. The psychological impact of having to cope with passive aggression include loss of confidence, stress, feelings of isolation, and wondering if one's own perceptions are accurate. (Envato Elements pic) When faced with this kind of behaviour, responding with direct aggression is counterproductive and only fuels the cycle of tension. There are several effective approaches to regaining control. Setting clear boundaries is the first line of defence. For example, calmly express your expectations by saying, 'I've noticed that you haven't responded to my messages for three days. I'm available to talk when you're ready to communicate.' At the same time, 'grey rocking', a technique that involves becoming as uninteresting as possible during interactions, deprives the other person of the emotional reaction they seek. So, if faced with a barbed question like, 'Are you leaving already?', a simple 'mmm' discourages further provocation. Always make sure you protect your mental well-being. Resist internalising comments from passive-aggressive colleagues by reminding yourself that their behaviour reflects their own insecurities. Cultivate your personal life and friendships outside the office to maintain perspective. If these problematic behaviours come from your superiors, document everything: emails, incidents, dates, etc. This traceability will protect you if the situation escalates. Don't hesitate to alert HR with concrete evidence or seek support from trusted colleagues. The goal is not to change the passive-aggressive person's behaviour but to control your own reactions to it, to create an environment where such behavior becomes ineffective. By focusing on what you can do, you regain control of your professional experience. Remember that their power ends where your indifference begins.