Wollondilly Council staff threaten action over report

Wollondilly Council staff have threatened to walk off the job if a report on workplace bullying - was instigated after former employee David “Harry” Wilson committed suicide - is not released to the United Services Union.

Wollondilly Council chief executive Luke Johnson is under fire for failing to release a report into the culture of the council.

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Wollondilly Council staff have threatened to walk off the job if a report on workplace bullying is not released to the United Services Union.

The report, conducted by Brooke Pendlebury of Pendlebury Workplace Law, was instigated after former employee David “Harry” Wilson committed suicide earlier this year.

It included a peer review of the report by Australian Workplace Training and Investigation into a complaint made by Mr Wilson, prior to his death, about two council managers.

United Services Union organiser Rudi Oppitz said the union had an agreement with Wollondilly Council that the final report would be handed over to Mayor Judy Hannan and not senior council staff, including chief executive officer Luke Johnson.

Wollondilly Mayor Judith Hannan.

Under the agreement, Cr Hannan and Mrs Pendlebury would then determine who would receive the report.

Mr Oppitz said council had broken the agreement and Mr Johnson had instead received the report.

“Union members held a meeting this morning and passed a resolution which has been given to council to supply the union a copy of the full report,” Mr Oppitz said.

“And to supply union members and staff with the recommendations, findings and reasons by close of business Friday.

“We also want the report to be given to the Mayor.

“The likelihood is that if this doesn’t happen staff will (vote to) commence strike action at a meeting next Wednesday.”

Cr Hannan said she had not seen the report.

I am meeting with councillors tonight to discuss it,” she said.

Mr Johnson, in a statement to council staff at a meeting this afternoon, said the report would remain confidential.

He confirmed, however, the report had concluded Mr Wilson’s allegations could not be substantiated.

Wollondilly Council chief executive Luke Johnson.

LUKE JOHNSON’S FULL STATEMENT

1. As many people may know in May of this year one of our valued workers, Mr David (also known as Harry) Wilson took his life. I determined, in accordance with my responsibilities for the Council staff, as well as the day to day management of the Council, that there should be a thorough investigation in relation to a range of workplace issues at the Council.

2. The Council’s then Acting General Manager, Ally Dench, and Council’s Disclosure Coordinator, Lynette Kofod, established the grounds of reference for that investigation.

3. Brooke Pendlebury of Pendlebury Workplace Law was appointed to conduct the investigation. The tasks assigned to her included a peer review of the adequacy of the report conducted by Mr Phil O’Brien of Australian Workplace Training and Investigation into a complaint made by Mr Wilson about two of the Council’s Managers. Mr O’Brien had determined that the allegations contained in Mr Wilson’s complaints could not be substantiated.

4. The Council takes very seriously its obligations to provide a safe place of work and to ensure compliance with its obligations under the Work Health and Safety Act and under the Council’s Code of Conduct, Bullying, harassment and intimidation will not be tolerated.

5. Ms Pendlebury’s report required that she engage in a series of confidential discussions with Council personnel. I accept that unless Ms Pendlebury was able to engage in such confidential discussions, and her report kept confidential then that would:

●Prejudice the opportunity for the supply to the Council of confidential information that would facilitate the effective exercise of the Council’s functions;

●Reveal a deliberation or consultation conducted, or an opinion, advice or recommendation given, in such a way as to prejudice a deliberative process of the Council;

●Prejudice the effective exercise by the Council of its functions’;

●Likely found an action against the Council for breach of confidence or otherwise result in the disclosure of information provided to Ms Pendlebury, on behalf of the Council, in confidence; and

●Prejudice the conduct, effectiveness or integrity of an investigation conducted or on behalf of the Council by revealing its purpose, conduct or results.

6. Accordingly I will retain Ms Pendlebury’s report on a confidential basis and will not distribute her report. For the same reasons identified in paragraph five, I have also determined that Mr O’Brien’s report should be kept confidential. I have conferred with the Office of Local Government which has agreed with me that Ms Pendlebury’s report is confidential and that I am not required to disclose that report to any other person. Nevertheless I have closely examined Ms Pendlebury’s report and recommendations and where necessary that report and those recommendations will be acted upon, consistent with my responsibilities referred to in paragraph 1 above.

7. Having considered Ms Pendlebury’s report, and its various findings and recommendations, I am confidently able to say to you that:

●That report is thorough and responds, in an uncompromising fashion, to its terms of reference

●There are no reasons to doubt the findings made and conclusions reached by Mr O’Brien in his report.

●There is continuing and improving culture of acceptable and respectful workplace behaviour within the Council, brought about by improved and more practically focused training for all staff on a range of workplace issues including the requirement upon all staff to exhibit respectful behaviour to other staff members and the general public.

●The number of workplace complaints about unacceptable behaviour has dropped significantly over the last several years.

●The Council has extensive, clear and comprehensive policies, procedures and codes dealing with (and seeking to prevent) bullying and harassment.

●The Council does not have a culture or nor problem with bullying in the organisation. Bullying, intimidation and harassment by any person will not be tolerated.

●We all must build on the Council’s vision of a resilient, safe and supported workplace that provides respectful, efficient and effective services for our customers now and for future generations; and work together to make sure that our workplace is and remains a good and desirable place to work thereby promoting stability within the workforce and attracting high quality candidates for employment

●It is regrettable that Mr Justin Nyholm has left the organisation. He was a fine manager and I did not seek his departure.

●No organisation is perfect and I accept that I must, and we all must, strive to make improvements where we can. You have my commitment that the Council will support all of us when we seek to make Wollondilly Shire Council not just a good, but a better place to work.

●There are no grounds to support any allegation that Council’s indoor and outdoor staff are treated or judged according to different standards of behaviour.

●Many of our staff have been subject to vicious and extremely hurtful comments posted on the social media platform, Wollondilly Whingers. Many of the comments directed at Council staff comprise bullying, harassment and intimidation of the cruellest and crudest nature. A number of our staff have, as a result, feared for their own safety or have felt humiliated and offended.

●I have a zero tolerance for any form of bullying from within or outside Council. I have referred a number of comments published on the Wollondilly Whingers platform, to the Police and I will take such measures as may be necessary to protect Council staff from the disgraceful and baseless attacks upon their integrity and professional reputations by or from the Wollondilly Whingers platform.

●The Councillors and staff should not give any oxygen to the Wollondilly Whingers platform. Any staff engaging in the type of unacceptable comments that we have seen posted on the Wollondilly Whingers platform, whether through that medium or elsewhere, will face disciplinary action. Nor will I allow any staff to access that platform from the workplace or through the use of Council provided computers, iPhones and the like.

●Whilst I cannot direct Councillors to not access the Wollondilly Whingers platform, I will take such steps that may be necessary through, for example, additional training, to alert them to the serious harm caused too many persons within this organisation by and as a result of the Wollondilly Whingers platform.