Lawsuit filed against Whitsunday Regional Council over bullying, harassment

A former workplace health and safety officer says she will never be able to hold down a full time job again after she was allegedly repeatedly bullied and harassed.

A former Whitsunday Regional Council health and safety officer is suing for almost $850,000 over alleged harassment and bullying on the job.

A council workplace health and safety officer has filed a whopping $850,000 claim against her employer alleging her bosses did nothing as she was being bullied on the job.

Mandy O’Callaghan claims she will never be able to hold down full-time work again.

The 49 year old worked for Whitsunday Regional Council for more than two years between August 2018 and October 2020 during which she alleges another worker repeatedly “acted inappropriately with and harassed (her) by ignoring her, raising his voice at her, smirking at her, making comments, and walking away from (her)”.

Documents filed in the supreme court this month allege Ms Callaghan complained about Bowen Depot worker Bryan Jensen’s behaviour “to multiple managers and staff members” including his manager Rob Love, her manager Charlie List, the human resources manager Lyndal O’Neill and the executive manager of Road and Drainage John Gwyndir.

“They would reply words to the effect of, ‘That’s just Bryan/Jenno for you,” the claim stated.

She has alleged the council failed to “take steps to correct Mr Jensen’s (alleged) behaviour” or recognise that he “was engaging in bullying” under the council’s own harassment and discrimination policy and has filed a $848,738.57 lawsuit, plus interest and costs.

A former Whitsunday Regional Council worker claims the alleged continued bullying and harassment resulted in her suffering major depression and anxiety and she will never be able to hold down a full time job again. Picture: istock

While Mr Jensen is not being personally sued, Ms Callaghan claims the council is “vicariously liable” for his alleged treatment.

Ms O’Callaghan claims she raised concerns “regarding Mr Jensen’s (alleged) harassment” multiple times and “also sent an email stating concerns about Mr Jensen’s (alleged) non-compliant behaviour regarding safety,” the claim stated.

The court documents list more than 10 different examples of the alleged bullying and harassment including shouting “we didn’t f---ing put it there” before turning his back and walking away after she had asked him to remove equipment from a designated walkway.

She alleged during a Safety Culture Survey Safety Focus Group Mr Jensen said to “sack the workplace health and safety officer, get rid of her” and “she is useless”.

She alleged he also referred to her as “the dragon lady” who “did not know her job”.

The claim stated Mr Jensen’s alleged behaviour caused her to become extremely upset and cry more than once.

She further alleged she told executive manager Mr Gwyndir the behaviour was not acceptable and was told “everyone’s level of acceptable behaviour is different”.

Ms O’Callaghan resigned in October 2020. She alleged Mr Jensen’s behaviour was targeted and “made personal and I am only doing my job”.

She alleged she raised her concern with council’s human resources manager Mr O’Neill several times including after learning Mr Jensen had allegedly said, “Mandy is f---ing useless. She does not know her job and I wouldn’t care if she died”.

“This has gone too far. I have got great skills and do my job well and this is what I get. It’s illegal,” the claim stated Ms O’Callaghan told the hr manager.

“I have never experienced this type of bullying before. I am doing what Whitsunday Regional Council pay me to do and this is how I’m treated.”

Ms Callaghan alleges she now suffers from major depressive disorder with anxious stress, and further stated she would not have been injured had Mr Jensen not harassed her or if upper management had followed the council policies.

She alleges she “will continue to suffer work incapacity, interference and intermittent aggravations of her injury during the remainder of her working life”.

“Since leaving this work, she has deteriorated mentally and this has affected her work capacity,” the claim stated.

This publication has reached out to Whitsunday Regional Council for comment in relation to the civil case and alleged comments made by Mr Jensen.

A WRC spokesman said as the matter was before the court he was unable to comment.

“Council does not comment on staff matters or legal matter before the court,” the spokesman said.

The council has not yet filed any notice of intention to defend the allegations.