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Harassment Law And Acc Discussion/Resources & Should ACC provide for this?

#1 User is offline   hukildaspida 

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Posted 21 September 2007 - 04:52 PM

ACC have recently indicated they will look into providing some form of cover / entitlements for those
whom have cancer . It is an opportune time to discuss and bring out into the open the need for those
are subjected to HARASSMENT AND UNWANTED SEXUAL AND RASCIST BEHAVIOUR in the workplace
or out in the general public some form of cover / entitlements .

The aforementioned behaviour which can have devastating and long term effects on ones wellbeing
is covered under both THE HARASSMENT ACT and HUMAN RIGHTS ACT . ACC have been proactive
in ensuring those whom are victims of DOMESTIC VIOLENCE are given a '' HAND UP '' so maybe it's
time they should also look into providing similar rights .

It is after all the same sort of UNLAWFUL behaviour so how about EQUALITY to those not covered by the
DOMESTIC VIOLENCE ACT .

The effects of this sort of behaviour is often a Mental Injury that may have also come about as a result of phsyical attacks & ongoing abuse.
Being on the receiving end of this sort of behaviour is not an illness so should be
provided for by ACC.

WHAT DO OTHERS THINK ON THIS IDEA ?
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#2 User is offline   tonyj 

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Posted 21 September 2007 - 05:32 PM

no

tony
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#3 User is offline   hukildaspida 

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  Posted 21 September 2007 - 05:58 PM

Please include your views as to why and / or why not you feel that way .

Thanks it's healthy to discuss these issues and reasons .
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#4 User is offline   tonyj 

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Posted 21 September 2007 - 07:12 PM

View Posthukildaspida, on Sep 21 2007, 05:58 PM, said:

Please include your views as to why and / or why not you feel that way .

thanks it's healthy to discuss these issues and reasons .



Its hard to simplify without sounding a hard nosed uncaring right wing prick..
But basically ACC is an income protection and rehabilitation insurance to provide for income earners injured and requiring assistance by way of ERC and medical / rehab .

To me the issue is not if ACC should spread its wings to cover cancer and the like , the MOH and the DHB's need to lift their game to ensure computable services are available , with a form of income protection and other essential considerations..

Its the degraded health system that is at fault, hence the nedd to get on the ACC system rather than the public health..

tony
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#5 User is offline   happy1 

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Posted 21 September 2007 - 07:20 PM

yes I agree with you tony j


ACC was a no fault accident insurance and now seems to have that much money it wants to curry favour with anyone who`s sick .

and while ACC play florence Nightingale the injured workers live on a WINZ benefit.

strange ,very strange but then this is NZ where anything can happen and where ACC`s concerned ,does !
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#6 User is offline   doppelganger 

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Posted 21 September 2007 - 08:13 PM

I think that this should be brough out into the open. I been a victim of harrasement abuse but being think skin it just rebounded with just some more being added to make that stop.

An expert he was, liked to be the boss, and blamed every one for his muck ups. Strange that he is now a very hard worker but is now learning what he was telling every one he used to know.

I don't think that this should come into ACC unless it is tied up to a physical injury.

OSH is the outfit that this has to be reported to but most OSH persons are not interested in making the work place safe. this type of activity doesn't have the public appeal as high visible accidents.

Work related cancer has been covered before and there should be no reason why it still is not covered.
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#7 User is offline   freefallnz 

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Posted 21 September 2007 - 10:11 PM

Or is ACC starting the spin and gearing up to provide/manage MSD benefits etc through their recent purchase of the MDA system supported by WINZ
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#8 User is offline   Gloria Mitchell 

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Posted 21 September 2007 - 10:15 PM

[quote name='doppelganger' date='Sep 21 2007, 09:13 PM' post='52021'

I don't think that this should come into ACC unless it is tied up to a physical injury.

OSH is the outfit that this has to be reported to but most OSH persons are not interested in making the work place safe. this type of activity doesn't have the public appeal as high visible accidents.

Work related cancer has been covered before and there should be no reason why it still is not covered.
[/quote]

doppel, harrassment does cause injury.......mental injury....and it is not the fault of the abused....

Gloria
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#9 User is offline   doppelganger 

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Posted 22 September 2007 - 04:37 PM

This is why I think that it should come under the OSH jurisdiction as they can punish the compamy for not protecting employees. the punishment would be equal to all treatment costs, loss of wages but would be the responcability of OSH to make the employers pay. treatment in the mean time can be carried out with the services already in place.

If its put on to ACC then those that do not have there claims administered by ACC don't get treated for the injury.
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#10 User is offline   hukildaspida 

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Posted 25 September 2007 - 02:57 PM

Those who have been harassed or bullied as it is often called may find the following site helpful.

http://www.beyondbullying.co.nz
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#11 User is offline   hukildaspida 

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Posted 25 September 2007 - 03:18 PM

Harassment Act 1997(as at 01 November 2009), Public Act - New Zealand

http://www.legislati.../DLM417078.html

The objectives of the Harassment Act under Part 1 number 6 will hopefully explain a little more clearly why this is an important issue to be brought out in the open.

New Zealand Legislation: Acts

Acts are laws made by Parliament
http://newzealand.govt.nz

Harassment Act 1997 No 92 (as at 01 November 2009), Public Act

Act by section

* Contents
* › Part 1 Preliminary provisions

6 Object

*

(1) The object of this Act is to provide greater protection to victims of harassment by—
o

(a) recognising that behaviour that may appear innocent or trivial when viewed in isolation may amount to harassment when viewed in context; and
o

(B) ensuring that there is adequate legal protection for all victims of harassment.

(2) This Act aims to achieve its object by—
o

(a) making the most serious types of harassment criminal offences:
o

(B) empowering the court to make orders to protect victims of harassment who are not covered by domestic violence legislation:
o

© providing effective sanctions for breaches of the criminal and civil law relating to harassment.

(3) Any court which, or any person who, exercises any power conferred by or under this Act must be guided in the exercise of that power by the object specified in subsection (1).



The psychological harm the offenders (as there is often more than one and tend to have historys of doing it to a former partner) leave can have a lasting effect on one's wellbeing, this is not helped by the fact that there is a lack of support systems in place (YET) for those in such circumstances.

We understand the Police are also starting to realise it's not just school children who are bullied and those in domestic relationships and they to are learning from those who have needed to resort to this law to ensure behaviour modification from the offenders.
The Police can refer the offenders to drug , alcohol, anger management services and it's not just men who are referred to them there are woman who also harass other woman etc . From what we've read on this site it's happened to a number of PHYSICALLY INJURED people as well.

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#12 User is offline   hukildaspida 

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Posted 15 September 2008 - 11:04 AM

The following website has some interesting stuff in discussion with a Report due out in February 2009.

Visit My Website <a href="http://www.nohsac.govt.nz" target="_blank">http://www.nohsac.govt.nz</a>

If you link onto "Work programme" and there included is the following under the topic of

'Women's Occupational Health & Safety in New Zealand"

1. Differences in Occupational Exposures & outcomes between men & women.

The effects of workplace bullying.
The effects of workplace Violence.
The effects of Sexual Harassment.

There is however a need for clients of ACC to have there views included & perhaps someone would be so kind to bring this to this Government Departments attention so they are included.

Maybe some of you on this forum would like to discuss these issues here as it can & does happen to those who return to employment when a person has injuries which restrict their capabilities & are not always able to return to full-time employ or the employment they had pre-accident.

It also happens in the general public to people whom are on ACC & not covered by the Domestic Violence Act or Workplace Harassment Laws, which is what the Harassment Act Objectives are designed for- to provide protections for Disadvantaged persons.




Thanks.
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#13 User is offline   hukildaspida 

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Posted 15 September 2008 - 11:30 AM

Some helpful sites.

http://www.beyondbullying.co.nz

http://www.bullying.org/
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#14 User is offline   hukildaspida 

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Posted 20 October 2008 - 12:14 PM

Nip workplace bullying in the bud NZ Herald article Monday 20 October 2008.

http://www.nzherald....jectid=10538341

Nip workplace bullying in bud
By Steve Hart
4:00 AM Monday Oct 20, 2008



Among the high-profile claims of workplace bullying this year are cases of junior hospital doctors being picked on and stories of bullies driving staff out of the Accident Compensation Corporation.

Despite the publicity workplace bullying generates, it appears to be continuing unchecked in many companies and organisations. So where are the managers - the people that should help ensure staff work in a safe and supportive environment?

Hadyn Olsen is the director of WAVE, Workplaces Against Violence in Employment. He runs the bullying helpline (0800 ZEROBULLY) and says the role of the manager is critical in preventing people being bullied.

"Managers need to understand that bullying is a behavioural problem and not a personal problem ... And a manager's job, especially under health and safety laws, is to really have a focus on good behaviour and prevent harmful behaviour going on."

Olsen says that too many managers just scratch the surface when tackling workplace bullying.

He says it is important that managers listen to their people as they may not have seen the bullying going on.

"Managers need to establish what exactly has happened and how often it has taken place," he says.

"There may be other issues that are affecting the situation - the dynamics within the office. It can be quite hidden from the manager's perspective.

So they must carry out an enquiry and encourage their staff to agree to certain acceptable levels of behaviour."

The last thing a manager should do is bring the bully and victim together in a mediation setting unless the manager has training to handle the situation, says Olsen. It is a place where the bully could get the upper hand.

"It can mean that the bully can use that forum to further victimise the complainant. It can be very stressful for the victim to have to walk into a room where their manager and the bully are sitting."

Olsen says when a victim and the bully are brought together, the victim may become emotional in front of their manager and the bully may appear quite reasonable.

"The perception could be that it is the victim that's causing the problem," says Olsen.

"A manager may think the victim is too sensitive or too emotional."

Olsen also cautions companies on the use of anger management courses for people that are deemed to be bullies.

"It can be useful. However, in some cases it only empowers the bully even further because they become more skilled in hiding their behaviour."

Olsen says people will sometimes use bullying tactics when they haven't got any other tools or skills to help them deal with situations that are happening around them. But even people with good management skills can sink to bullying if they develop a targeting mentality towards a victim.

Olsen says there are a lot of reasons why one member of staff can get it in the neck.

"Sometimes people are bullied because there are performance issues, communication issues can be a contributing factor and in some cases the victim is perceived by the bully to be a threat to them," says Olsen.

"A bully may feel insecure or even jealous of their target."

And bullying behaviour, says Olsen, can be a result of something in the bully's past - an unhappy childhood, perhaps.

But sometimes they are just power-hungry. So if a bully rises up the ranks to a position of genuine power do they become more contented?

"No, they get worse," says Olsen. "If a person is predisposed to bullying then the more power they get the worse the bullying becomes."

But there is some good news. "Some companies are clearly focused on the issue and are working to change the culture of their organisations for the better," says Olsen.

But he's not impressed with firms that simply have a top-down attitude that results in a simple company policy covering bullying.

"They have the policy but do little else when claims of bullying are made," he says.

http://www.wave.org.nz/ - an organisation that has some good information.

http://www.stevehart.co.nz - he is the author of the above article & other free to read articles

Please read the other thread on ACC Staff & Bullying by Chrissy on this forum.
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#15 User is offline   hukildaspida 

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Posted 18 November 2008 - 03:59 PM

http://www.bullying.org is a Canadian website with really good stuff on.

Interesting they state Managers are the most common Bullies.

It's Bullying awareness week in Canada this week - maybe NZ should do the same.
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#16 User is offline   Gloria Mitchell 

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Posted 18 November 2008 - 04:31 PM

View Posthukildaspida, on Nov 18 2008, 04:59 PM, said:

http://www.bullying.org is a Canadian website with really good stuff on.

Interesting they state Managers are the most common Bullies.

It's Bullying awareness week in Canada this week - maybe NZ should do the same.



Should ACC cover cancer???? Well mates a lot of cancer is caused accidently....so why not???

DB's leukaemia - its rare and its only known cause is exposure to radiation. It is known that radiation exposure can show up decades later in some form of cancer.....as a result. That would be the Cobalt Ray treatment (radiation and in those early days....overexposure as the amount of radiation today is much more finite and carefully direct in its application)administered by the Palmerston North hospital 30 odd years ago. No other known cause for CML.

Should ACC cover this as after effects of treatment.....I should bloody think so.

Gloria.
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#17 User is offline   hukildaspida 

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Posted 25 November 2008 - 04:26 PM

Today is White Ribbon Day for promoting the elimination of violence & abuse against woman.

As violence done by "abusers" is often carried out on to those whom one is NOT in a Domestic Relationship but is covered by the Harrassment Law objectives we can only hope ACC will be proactive & ensure immediate coverage is given to those as well.

Abuse is not just done in the home to one's partner & family, it happens also where there is positions of "power & control" involved & that can include - unique working relationships of that between clients & corporations, abusers who have been sent on there way & targetting vulnerable people in social sitautions or in the workplace.

http://www.whiteribbon.org.nz & other sites if you google 'white ribbon' you can find some good resources.
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#18 User is offline   MINI 

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Posted 28 November 2008 - 11:53 AM

spida

You will find that most workplace harrasment is covered by 'confidentuality' clauses. and that means no talking to anyone. I found that I could not bring myself to speak about what happened to me to Doctors in another country. It was not until the workplace fessed up some paperwork to ACC, that I felt I could actually take what was made available and go for mental caused by physical, which then allowed the harrassment to be taken into consideration by the psychiatrist. Besides, when it is happening we do not know that it is going to have long lasting (forever) effects and are basically in such a state that we do not have the physical and mental capacity to state our case.

I would never have thought that anyone could cause that amount of damage upon me. But there you go , it happens, and the frightening part is that we don't know of the long term effects until much later and the 'confidentuality clause doesnt help with our entitlements. It just makes us feel more guilty and useless that we have no way in which we can state our cases to ACC or doctors without breaking the law. This causes more harm!!

Employers should never be able to put a confidentuality clause into an agreement with the employee. And OSH are useless. Have tried that one. You are on your own when injuried and trying to claw your way back into your employment.

Hey but have finally made some headway, but am still not back to financial independent situation I was in previously, which in turn makes me very afraid that I will lose my house.

Hopefully 'interest' on w/c will come through and that problem will be cleared up.

Cheers Mini
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#19 User is offline   hukildaspida 

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Posted 24 December 2008 - 03:26 PM

District Court Rules 1992

http://www.legislati....html#DLM155784

69. Search of Court records generally

4) No file and no document upon any file shall be searched, inspected, or copied which relates to any proceedings under—

*

(a) The Adoption Act 1955:

*

(B) [Revoked]

*

© The Marriage Act 1955:

*

(ca) the Civil Union Act 2004:

*

(d) [Revoked]

*

(e) The Alcoholism and Drug Addition Act 1955:

*

(f) The Mental Health Act 1969:

*

(fa) the Mental Health (Compulsory Assessment and Treatment) Act 1992:

*

(g) The Guardianship Act 1968:

*

(ga) the Care of Children Act 2004:

*

(h) The Domestic Actions Act 1975:

*

(i) The Property (Relationships) Act 1976:

*

(j) The Family Proceedings Act 1980:

*

(ja) [Revoked]

*

(k) [Revoked]

*

(l) The Child Support Act 1991:

*

(la) The Domestic Violence Act 1995:

*

(lb) The Harassment Act 1997:

*

(m) Any former provisions corresponding to provisions of any of the Acts mentioned in paragraphs (a) to (l).



Interesting times might be coming up for some of those who've had need to use these Acts as remedies to stop the aforementioned unlawful behaviour.


If only ACC staff did their jobs by the Law in the first place.

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#20 User is offline   hukildaspida 

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Posted 10 February 2009 - 04:52 PM

http://www.workandincome.govt.nz/ staff are familiar with the harm abuse in this manner has on people so why aren't http://www.acc.co.nz/ staff?

Maybe it's because WINZ Staff are more versant with the results of Domestic Abuse & know that it's often the same people who carry out this kind of unlawful behaviour to innocent victims who aren't in close personal relationships with the offenders until the cycle of abuse is severed.

Maybe it's also because WINZ employs more of a variety of staff with a variety of backgrounds including that of budding Lawyers who know that Harassment is unlawful & that the Harassment Act is not as black & white as some assume & presume it is.

Have a happy day & thanks again to those in the Authorities whom did help the abused woman who at the time was on ACC for other injuries who ACC staff didn't bother to help.
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