Allegations of bullying and harassment

Hi Everyone,

Today myself (administration assistant) and another administration assistant received a letter stating that we had been named in allegations of bullying and harassment against a previous administration assistant who worked for the same company. That the allegations needed to be investigated and that we are requested to meet with the Human Resources Manager tomorrow.If the allegations are substantiated it may be deemed as misconduct or serious misconduct and the company may take disciplinary action which could result in a formal warning or in termination of my position. I was polite, said hello and good bye, asked what the person who made the allegations had planned for the evening/weekend. I did not go out of my way to chat as
1. I am employed to work
2. There was a wall between my desk and their desk so I couldn't talk to them
3. When the person did talk, they talked to their computer which faced away from me and with that and the wall in the way conversation was not really practical.
4. I didn't hate the person but I didn't really like them either
5. Their job did not have anything to do with my job role.
I don't believe that I have discriminated or harassed the third person yet I am worried about going into the investigation meeting tomorrow.
I believe that in March or April I had my performance review which I received 100% on everything which was while this person was employed.
My manager perhaps in March/April said that the person was feeling left out so I attempted to converse more.
The other administration assistant contacted the HR Manager to find out what the allegations were as not to be ambushed to be told that they would find out tomorrow.
I had some advice from legal aide to take notes on the allegations not to say a lot and not to attack the third person. I believe that we will have a week to respond to the allegations.
I sit right out side my direct manager (Operations Manager) office. The manager can hear what is said between the staff and never either privately or in a meeting addressed any issues.
Do I just take notes then get legal representation.
Neither I or the other administration assistant in either of our working lives have had a warning or worse.
I don't know if it will look bad if I say I am not answering any allegations then and there.
Am I able to tape record the meeting so that I have proof of what is said?
What do I do in the investigation???
Please HELP!!!

Thank you for your suggestions MartinO.
I think I am best to say nothing today. It is all very emotional and confronting. I don't want to say something that will be seen as attacking the third administration assistant.
Lost of deep breathing I think

Hi (HR Manager)

Geographically the office lay out is not set up for ‘soxing’ (please see attached Floor Plan).
My desk has a one meter walk way, a gyprock wall then two meters to the desk which (Assistant 3) worked at (which faces the front of the office and away from me

Assistant 3 gave her resignation notice on the 23/5/2012 I had my performance review on the 28/5/12 and (Assistant 2) had their review on 29/5/12.
If there were any issues surely these should have come to light in the performance review (please find attached).

Examples bullying behavior from publication “Dealing with workplace bullying a practical guide for employees”, ignoring or isolating a person. The office set up isolated (Assistant 3) not me personally. I spoke to (Assistant 3) in a professional capacity. I didn’t ignore (Assistant 3) either. I come to work to work. If asked something directly I responded. We would talk in the late afternoon.). I always said good morning, good night, what you have planned for the evening/weekend, what you did on the weekend etc. We were co-workers, not friends.
If (Assistant 3) had been crying in (OH&S Manager) and (My Managers) office as I have now heard that (Assistant 3) was, why was (Assistant 3) not directed to Employee Assistance Program (EAP) the employer has in place
I was told on Friday 20/7/12 by (My Manager) that on one day (My Manager) had asked (Assistant 3) what had happened to their car as it looked like it have been involved an accident. (Assistant 3) had reversed into someone close to work. (Assistant 3) burst into tears. It was a small ding in the car.

I have tried to remove any bias that I have in my responses to the below allegations and just put the facts in. I believe that if there were any issues, that (My Manager) should have brought the issues to my and (Assistant 2s) attention either together or individually.

Neither (Assistant 2) nor I have ever been accused of Bullying and harassment. Neither of us have had any written warning. We both do our jobs and as you will see from my past two performance reviews (Attached) I do my job well. Nothing was brought to my attention during the review process even though this was after (Assistant 3) had resigned.

From the time that (Assistant 3) gave their notice to leave I have felt as if (My Manager) believes I have done something wrong. At no point did (My Manager) ask me if there were any problems, concerns, how I was feeling etc. The office used to be a pleasant place to work. It got so intolerable that I cleared all my desks, took all my photos of my children home, made sure that my work was up to date in preparation of leaving the company. I have felt totally unsupported by (My Manager).

When (HR Manager) came over at the end of June, I already knew that (Assistant 3) was leaving, and also that (HR Manager) was doing a review for (My Manager). I thought that there was no point in bringing up issue from the past. Also after (Assistant 3) left I didn’t want (My Manager) to hold a grudge because something had been said during meetings with (HR Manager). Obviously I would still be working with (My Manager). (My Managers) favoritism of (Assistant 3) would not be a problem as (Assistant 3) would no longer be an employee. The fact that (My Manager) would walk straight past me and not say anything, then go to (Assistant 3’s) desk and have a full on conversation made me feel worthless, as though I was worth less of (My Managers)time. From the time that (Assistant 3) gave their notice the way in which I have been treated by (My Manager) has made me feel like withdrawing when (My Manager) is in the office. I thought everything would start fresh once (Assistant 3) had left. I now wish that I had put my concerns forward.

Now I face disciplinary action due to something that was never brought to my attention. If I had been told I would have altered any behavior that was required. I don’t believe I did anything wrong. If I went for a coffee I would ask if (Assistant 2) and (Assistant 3) would like one.

(My Manager) called (Assistant 2) and I into their office this afternoon 20/7/12 just after 3:30.
(My Manager) basically said that allegations were raised by (Assistant 3); The manager spoke to us in relation to (Assistant 3) feeling left out. My Manager understands that the allegations are serious. My Manager didn’t want to be any part of the investigation process, that (HR Manager) was external and had skills to do the interview. That we will have the report early next week. (My Manager) wants (Assistant 2) to do a time line as to what tasks they do and when. ((Assistant 2) handed in their resignation notice as they were offered another job). (My Manager) wants all Admin to write down procedures so that things are more efficient and employees have more flexibility. I said that I felt like (My Manager) had ignored me. (My Manager) said I had been less than pleasant with them. I said that was possibly because I was feeling isolated and ignored. (My Manager) said that was not the intention. (Assistant 2) had to leave at 4pm so the meeting ended.
After (Assistant 2) and (replacement Assistant 3) left (My Manager) came out to talk to me, Where (My Manager) apologised for not supporting me. I said I was sorry if I wasn’t cheerful but I felt like (My Manager) was ignoring me and not supportive. (My Manager) said that they had other things on their mind the last month. (My Manager) was sorry that they hadn’t managed us. I said that all that had to be done was to take us aside either separately or together and go through the issues. It seems to me that (My Manager) hasn’t managed the Administration team very well at all. The fact that (Assistant 2) has handed in their notice to move to another company shows that it isn’t just me that feels the office environment is less than pleasant. I understand that the allegations are serious, and that they SHOULD be investigated. (My Manager) seemed to have made up their mind that I was guilty of doing things without even asking me or taking anything else into account. (My Manager) should have organised the investigation but remained impartial and managed the situation, I believe before it got to the current situation.

Also the fact that (OH&S Manager) (just now 23/7/12 at 1pm) said that surely we knew what was happening, when in fact (Assistant 2) and I knew nothing of the allegations. I asked (OH&S Manager) if the Employee Assistance Program suggested to (Assistant 3) to which they answered no. So people knew that (Assistant 3) was “stressed” (OH&S Managers) own words and that no proactive actions were taken to assist (Assistant 3).

Can I please have a copy of all evidence gathered or other supporting evidence?
Full disclosure of the result of the investigation

Allegation 11/4/2012
As I understand is that (Assistant 3) was crying. When (Assistant 3) was asked why by (My Manager) they said that they were feeling excluded. That (Assistant 2) and I blame (Assistant 3) if something was done wrong. (Assistant 3) can’t remember what exactly. (My Manager) said they had spoken to (Assistant 2) and me in relation to the fact that it could be Harassment.

Response
I don’t recall (Assistant 3) actually crying but I do recall (Assistant 2) saying (Assistant 3) had been. (My Manager) spoke to me after the fact saying that (Assistant 3) was upset and feeling left out.
There was nothing said about it being harassment. (Assistant 2) and I generally talk to each other predominantly about work related matters but also about other things as (Assistant 2) is directly opposite me. I have never intentionally ignored (Assistant 3). From the Attached office floor plan you can see that there is a gyprock wall that separates me and (Assistant 3) (please see attached Floor Plan). I always said good morning, good night, what you have planned for the evening/weekend, what you did on the weekend etc. We were co-workers, not friends.

Allegation November 2011
As I understand is that (My Previous Manager) asked (Assistant 3) to send an important document to another site. (Assistant 3) asked me for the address. I told (Assistant 3) to look on the intranet. (Assistant 3) then said that they asked me if they had the correct address and I said yes. The parcel went to the incorrect address.

Response
I remember (My Previous Manager) asking (Assistant 3) to send (an important contract) to another site and (Assistant 3) asked me the address. I told them to look on the intranet that all the addresses were on there. I don’t remember them asking me if the address they found was the correct address. If (Assistant 3) had said they couldn’t find it I would have looked it up myself. I figure an administration assistant which was their role would be able to post something without me assisting them, checking the details/post code but I would checked if (Assistant 3) had asked. I assumed that the parcel had been posted successfully. It wasn’t until (My Previous Manager) chased up if the parcel had been received that it came to light that there had been an error (on (Assistant 3s) part), also (Assistant 3) sent the documents in an express post envelope but did not take the tracking barcode so when (My Previous Manager) asked what had happened to the parcel ((Assistant 3) was unable to find out.

Allegation 21/6/12
As I understand there was a room booking issue. (Assistant 3) was emotional about a meeting room booking. (Assistant 3) was upset because I asked who the room booking was for.

Response
(Assistant 3) asked me to book the meeting room for the following day. I asked who the room was booked for so that I could put it in the calendar (Please see attached Meeting Booking). Please see attached as to what was put in the meeting request. That is the way that I have always set up meeting room bookings. I always ask (OH&S Manager) when I book the room for their needs, who will be there, what it is for so I can add people to the meeting request. As it turns out (HR Manager) just wanted to know that a room was available for them to use when they came over so there were more than one miss communication on that day.

Allegation 13 June 2012
As I understand (Assistant 3) went home sick. I sent an email to (My Manager) to them. (My Manager) asked (Assistant 3) why they went home. (Assistant 3) said that they felt bad hearing (Assistant 2) and I talk about doing (Assistant 3) work load once they left ((Assistant 3) had previously given notice).

Response
Firstly I emailed (My Manager) about (Assistant 3) leaving early so that (My Manager) knew. It wasn’t to cause problems, raise questions or anything else. I was simply letting my manager know that one of the administration team had gone home. On the 23 May 2012 (Assistant 3) gave their letter of resignation with the last day being 29th of June. On the 5th of June I sent an email (see attached) to (My Manager) cc (Assistant 2), (Assistant 3) and (HR Manager) of the current tasks that each of the administration assistants currently performs (Please see attached). A response was received from (My Manager) the same day stating “At this point in time, all I can say is that I am doing a total review of the administration function/s. I will advise you in due course’ I had hoped that we would hear some news of the administration rolls in as (HR Manager)’s email said that was why (HR Manager) was coming over. When nothing was heard about a replacement for (Assistant 3) or lack thereof (Assistant 2) and I did not know what was happening. When I don’t know what is happening to (Assistant 3)’s tasks (Assistant 2) and I theorised at what the possible scenarios. The outcome if (Assistant 3) was not replaced was that (Assistant 2) and I would have to take on (Assistant 3)’s role. (Assistant 3) allegedly felt that we were leaving them out and making them feel bad about leaving. That was never my intention. We had not been told by (My Manager) what if anything was going to happen to replace the third administration role. If anything (Assistant 3) should have been happy that they had been a needed part of the team that would be missed

Allegation 14/6/12
“They” are not inclusive
As I understand is that “They” (Assistant 2) and I did not include (Assistant 3)

Response
I was polite and treated (Assistant 3) like a co-worker. From the Attached office floor plan you can see that there is a gyprock wall that separates me and (Assistant 3) (please see attached Floor Plan). I always said good morning, good night, what you have planned for the evening/weekend, what you did on the weekend etc. We were co-workers, not friends. The fact that I have insight into (Assistant 3s) personal life outside of work suggests that I did make an effort to include them in my work life and that I did NOT ignore them. We would talk in the late afternoon. I knew that (Assistant 3) didn’t like her partner ‘(Name removed)’ working on weekend. (Assistant 3) would ride their bike down to see partner on a Saturday morning, have coffee with one of the (Partners colleagues) (as (Assistant 3) used to work there) then ride their bike back up the express way. (Assistant 3) and their partner had purchased a block of land at (Suburb removed), (Assistant 3) partners parents had been living with them while they were building a house at (Suburb removed).
(Assistant 3) couldn’t wait for the ‘in laws’ to move out so they could have some time to themselves (just (Assistant 3) and partner). (Assistant 3) had also said that they would miss the ‘in laws’ as it meant that (Assistant 3) had someone at home when they finished work. I didn’t ignore (Assistant 3); I listened and worked at the same time. I made comment like maybe getting a dog for companionship when (Partner) was at work.

Allegation 22/6/12
(Assistant 2) putting down (Assistant 3)’s work practices in ear shot of (HR Manager). It wasn’t appropriate and why didn’t I stop it.

Response
After (Assistant 2) had gone in with (HR Manager) to discuss the review of administration I asked (Admin istration2) what was said. I thought the response would be in relation to the starting of a new employee to replace (Assistant 3) as they were leaving. (Assistant 2) said that (HR Manager) had asked them what their relationships were like with different employees. (Assistant 2) then told me what they had said about how (Assistant 3) did their job in (Assistant 2)’s opinion. When (HR Manager) walked out (Assistant 2) continued talking as they didn’t think there was a reason to stop and (HR Manager) had already heard what (Assistant 2) had to say. I should have asked (Assistant 2) not to discuss specifics. I was interested in what had occurred in the meeting and didn’t think about it. I will keep it in mind for future.

Without prejudice

I've read all the above allegations, and to be blunt, none of the allegations constitute harassment or bullying in my opinion and (rather lengthy) experience dealing with matters of this nature. It seems to be truly a storm in a teacup situation - which seems to be a feature of Gen Y ... they need to butch up and not take everything to heart.

The HR Manager should grow a pair as well, and should have told the complainant right from the start that their complaints are trivial (vexatious, even) and not considered to be either bullying or harassment. The complainant should be provided with support and counselling in relation to any issues they might have outside of work that are affecting their work performance and emotional demeanour at work.

As I see it, you've done absolutely nothing wrong (based on what you are telling us, of course), and a industrial tribunal would see it the same way, in my opinion.

Can I say something? Suck if up princess. Get back to work and show them that this is NOT going to affect your work performance. Also make it clear that YOU will not be bullied yourself but bullsh*t allegations from a long departed staff member.

Not that it should affect the outcome of the allegations in any way but the assistant 3 who made the claims of harassment and bullying is my senior (age wise)Late Baby Boom Generation, I am late Gen X

Originally posted by AngelFish Not that it should affect the outcome of the allegations in any way but the assistant 3 who made the claims of harassment and bullying is my senior (age wise)Late Baby Boom Generation, I am late Gen X

If the accuser is a Baby Boomer and still an assistant after all these years, then she probably has some major issues around competence and ability. Her job is probably her life, so no wonder any little issue seems important to her, which explains the trivial nature of the complaints she has made. Even so, she should have been put back in her box by the HR dude or her immediate manager when she first made the complaints.

Still waiting...
This is so very frustrating
Was told by HR manager that they would have the investigation report to my manager by the end of last week (3/8/12)
I hadn't heard anything from my boss
Today I sent an email to my boss
Hi Boss,
I heard that (HR MANAGER) was going to provide a report for you last week in relation to the allegations for bullying and harassment against Assistant 3 .
I was wondering if I could please have a copy of all evidence gathered in the investigation and full disclosure of the result of the investigation that relates to me.
If you could please advise me a tentative date when I will receive this as having the allegations hanging over me is affecting me greatly.
Regards
Me

Manager approached me after everyone else had left work this afternoon and said they wanted to have everything sorted tomorrow so it isn't hanging over our heads.

All I want is to have my name cleared then time to move on I think.
Was looking forward to pro rata long service in just over a year but not sure staying there is worth staying. A lot of posts I have read appear to end with people involved in allegations moving on

I'm saying this as an ex policeman, internal complaints get made against people for doing the right thing, the thing is the complaint made was not substantiated, I had plenty of complaints made about me for doing the right thing (arresting murderers, child abusers, drug dealers, etc) none were ever substantiated because I always did the right thing.

I know the Police Commissioner was never going to chastise the people for making the complaint even though I was in the right for one simple reason, you don't want to make people feel that they will be chastised for making a complaint if they are making the complaint for good reason, don't expect HR is going to make them make a public apology -- it won't happen. In your case the complaint has been unsubstantiated, you are in the right, no need to defend yourself to anyone.

If it were me, I would say to the person who made the complaint, no hard feelings we have a job to do lets get on with it. Be the better person.   

Sounds like the company just wants this matter to end.

I would have thought you could ask for this matter to be in writing and to show that no sufficient evidence could be produced and their opinion of it.

Otherwise this matter is left "in the air" so to speak, ie. you may have been guilty but insufficient evidence to prove.

If you want, you can now start your case for a response if you believe it was just malicious. If you have a history of this forget about it. Otherwise by taking a minor in house action, it would look better for you in the long run and puts some doubt on the instigator.