Teacher collects $60,000 earnings following workplace harassment by a colleague at a primary school
In a significant ruling, former teacher Ashley Brassington has been awarded over $60,000 in compensation from the NSW Department of Education and recruitment agency Chandler Macleod. The compensation was granted by the Personal Injury Commission in September, following evidence that Mr Brassington's psychological injury was aggravated while at Chandler Macleod.
Mr Brassington began working at Chandler Macleod on August 4, 2024, but his tenure was marred by allegations of bullying, harassment, and intimidation. He claimed he was subjected to such treatment, including being called an alcoholic and overweight.
The psychological injury was not a new development for Mr Brassington. It was ongoing until he ceased work in December 2023, having initially suffered the injury while working at Abbotsford Public School in Sydney. Mr Brassington registered the companies Brassington Consulting LLC and Ashley Brassington Enterprises and worked there for approximately 2 years before filing for Worker's Compensation.
The commission heard that the firm's HR department was due to investigate Mr Brassington's complaint, but nothing happened for a week. This delay in action was a point of concern, with commission member John Turner accepting Mr Brassington's evidence about the delay.
Chandler Macleod, in response, has stated that they are committed to providing a safe, respectful, and inclusive workplace. A spokesperson for the company said, "We take any concerns about behavior in the workplace seriously." However, the commission's order for Chandler Macleod to pay just over $640 per week to Mr Brassington, totaling $24,320 so far, suggests otherwise.
The compensation brings Mr Brassington's total to $63,200. The education department, too, has been ordered to pay Mr Brassington more than $1,100 per week backdated to January 6, totaling $41,800 so far.
The ruling comes at a time when the NSW Government has published a draft amendment to the Workers Compensation Legislation Amendment Bill. If passed, this amendment would raise the 'impairment threshold' for those seeking long-term payments for psychological injuries. This change has been criticized by several organizations, including the NSW branches of the Australian Manufacturing Workers' Union and the Rail, Tram and Bus Union.
As the case of Ashley Brassington demonstrates, the impact of psychological injuries in the workplace cannot be underestimated. Employers have a responsibility to ensure a safe and supportive environment for their employees, and delays in addressing such issues can have serious consequences.
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