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‘Harrowing’: SBS journalist sues network after allegedly being bullied then sacked

By Charlotte Grieve

A former SBS journalist has launched legal action against the multicultural public broadcaster to get her job back after an independent investigation found she suffered workplace harassment and claims she was ultimately sacked for not being able to work under the woman who allegedly bullied her.

Journalist Pallavi Jain was hired by SBS in 2013 to work in the Hindi language team under executive producer Kumud Merani and made three complaints about her treatment before being sacked in December 2019. She is now suing the broadcaster in a general protections claim to have her job reinstated.

SBS was hit with allegations of workplace bullying and racism last year, after high profile broadcaster Lee Lin Chin revealed she had resigned due to concerns about complaints of bullying and lack of diversity within the organisation. Former Indigenous reporters have also described a toxic culture and systemic racism within SBS.

Pallavi Jain is now living with her parents in Bhopal, India, after being sacked by SBS.

Pallavi Jain is now living with her parents in Bhopal, India, after being sacked by SBS. Credit: Pallavi Jain

An external investigation in 2016, which is referred to in the Fair Work Commission, into Ms Merani’s conduct determined she had engaged in workplace bullying and harassment against Ms Jain and breached SBS’s code of conduct, according to court documents. Yet Ms Jain claims SBS refused to change Ms Jain’s reporting line, which medical records show caused Ms Jain to suffer anxiety so severe she thought she was going to die.

A subsequent investigation by the work safety authority Comcare determined Ms Jain’s mental health problems were linked to working under Ms Merani and determined SBS was liable for medical costs.

Despite these findings, Ms Jain claims SBS forced her to work under Ms Merani for years. “The bullying was harrowing. But what happened afterwards was worse,” Ms Jain said. “All SBS needed to do was to change the reporting line, but they did not.”

According to the claim, SBS ultimately terminated Ms Jain’s employment in December 2019 after an unsuccessful rehabilitation program and determining she was unable to work under Ms Merani, which the broadcaster said was a key requirement for the role.

Ms Jain said she is not seeking compensation, only to have her job back, and criticised the taxpayer-funded institution for failing to settle the matter years ago. “It’s about justice at the end of the day. Why should I have to give up my job because someone bullied me?” she said. “The amount of money SBS has spent is mind-boggling.”

The Age and The Sydney Morning Herald have spoken to seven former employees, who all spoke on the condition of anonymity, who corroborated Ms Jain’s claims and described a pattern of behaviour by Ms Merani.

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Ms Merani declined to comment.

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An SBS spokesman said it was inappropriate to comment on matters before the court, but denied all allegations and said they would be vigorously defended.

The spokesman said SBS regularly seeks formal feedback from its employees, “which consistently demonstrates that SBS has a strong and supportive culture, with industry-leading levels of employee engagement”.

“We absolutely refute assertions that SBS has a culture of bullying. We take any issues raised with us seriously and these are properly addressed and responded to in line with our clear workplace behaviour policies and grievance procedures. Any suggestion that SBS doesn’t prioritise the health and wellbeing of all our employees equally is offensive and false.”

The lawsuit will be heard in the Federal Court from Tuesday.

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Original URL: https://www.smh.com.au/link/follow-20170101-p582cf