Deloitte Faces Bullying Law Suit from Tax Financial Services Group 1

We welcomed the news last week that the Victorian Parliament will soon enact laws that will expose workplace bullies to as much as 10-years jail. Referred to as “Brodie Panlock’s Law”, it is hoped that the new laws will act as a deterrent to would-be workplace bullies like those that so tormented poor Ms Panlock at a Melbournian cafe, causing the teenager to take her life in 2006.

enough is enough

The news got us thinking – who will be the first corporate workplace bully to face jail under the new laws? Could it be someone at a Big 4 Accounting Firm like Deloitte? If the following allegations are to be believed (NB – these are allegations, completely untested in court), and similar corporate behaviours are witnessed in the firm’s Melbourne office, some might say the firm could have a case to answer.

We sent the comment below in an email in unedited form to Alec Bachinsky (Deloitte National Head of HR), copying in senior Deloitte partners & staff Ali Bolbol, John Giannakopoulos, Adele Watson, Helen Hindmarch & Liz Malady, asking for reasons why we ought not publish the allegations in full. We received no response from Deloitte.

We reiterate, some/all of the allegations may be without merit – we are unable to test their veracity. Onto the various unproven allegations/rumours from our anonymous Deloitte spy:

Deloitte Tax Financial Services Group 1, led strongly by John Giannakopoulos & Adele Watson, has been at the mastery level for performance managing people. Their “partner” … has been … Helen Hindmarch… If I could have a dollar for every closed door (performance management) meeting between Helen & John and Helen & Adele, I would be a very (very) rich man…

Adele’s asset management senior, [Worker] was interestingly made redundant – only weeks after she lodged a formal complaint against John Giannakopoulos & the alleged bullying & performance management techniques of Helen Hindmarch supporting Adele Watson. [Worker]’s complaint was centred around a phone call that John made to her parents where he was pretending to be supportive during a 3 week period (during which John refused to let her come to work on the grounds that she was mentally unfit for work). Yes, that sounds supportive. But he lost the plot during the call & said that “she is on a program & she wont pass because she isn’t producing half as much as another manager. She will never get a reference.” John denies this statement was made [to Worker's parents]. No wonder – talk about a breach of confidentiality & privacy. Last time we checked [Worker] wasn’t a minor.Rumor has it that John lost the plot when her father (who knew of the bullying which was going on), said to John that “if it was me, I’d tell you to stick your job. But [Worker] is different and she wont say that.”

Here’s where it gets interesting. [Worker] has produced 3 statutory declarations outlining the details of this call and this statement by John… When HR investigated the complaint, they didn’t even ask to see the declarations. The HR person who investigated was (no surprises!) Helen Hindmarch’s boss, Liz Malady (what a surname!). Well, when Liz investigated she spoke to John & Adele & we are sure that no one from [Worker 10]’s side was contacted. How fair! Not!

It gets more interesting. Since Liz found that John hadn’t acted inappropriately, [Worker] escalated the complaint to Alec Bashinsky, the National Head of HR. Well he also spoke to Adele & John and found in agreement with Liz. [Worker] provided the statutory declarations to Alec Bashinsky and Alec found that “it is not my role to decide whose version is to be preferred.” Hhhmmm – two very conflicting views at the centre of the complaint and the National Head of HR doesn’t seem to be able to examine the evidence and decide who is telling the truth & who is lying….. Why would he? They may reveal that John was in the wrong & that would be bad for John & bad for Deloitte. So they “hear no evil, see no evil, speak no evil”. All is well in Group 1…

[Worker] was made redundant while on sick leave. She was notified when she returned to work 2 days later – on the floor, no privacy, no meeting room, she was denied a support person and her things were cleared out by Deloitte but some of her personal papers were never returned despite repeated requests. Everyone heard what went on and there are rumours that the whole conversation was taped by one clever person. We are still waiting for the tape to surface.

For those of you that are wondering, [Worker] produced 4 medical clearances to be allowed to get back to work. Three were from specialist psychiatrists & one from her general practitioner. That’s alot of clearances! Deloitte sure is covering its bare butt!

We understand a law suit is in progress and that [Worker] had kept all the written evidence against Deloitte at home – unlike her other personal effects, these papers didn’t go missing, thankfully for her.

We tend not to speculate on whether certain allegations published on our site are more “believable” than others. However, we have a copy of the following forwarded email (which we have edited) which was sent by Deloitte National Head of HR Alecc Bashinsky to [Worker ] on 11 April 2011:

—-Original Message—–
From: Bashinsky, Alec (AU – Sydney) [mailto:abashinsky@deloitte.com.au]
Sent: Monday, 11 April 2011 9:35 AM
To: [Worker]
Subject: Issues in the Tax Financial Services Group

[Worker],

I have received the attached material from Firm Spy, which asked for our
comments before they consider whether to publish it. I can understand
why they brought the article to our attention, and I am grateful they
did.

This material contains personal and sensitive information about you, as
well as about your confidential legal action.  I am troubled by the
comments made about you, and about your colleagues and friends at
Deloitte, and I imagine that you will be, too. We would never want you,
as a former employee of Deloitte, to be spoken about in this way.  The
comments appear to be made by an individual about you and other
individuals (and not simply Deloitte)…

If you need our support to protect you against this faceless attack, or
if you would like us to communicate with Firm Spy to try to have the
article withdrawn, please let me know, and I will see what I can do.

Regards

Alec

Alec Bashinsky
National Partner | People & Performance
Deloitte Touche Tohmatsu

We understand that Worker 10 has queried the following with Alec:

  1. What he is proposing to do about this matter (apart from any reply from [Worker]);
  2. Whether he has breached the confidentiality of other workers by sending the unedited email to [Worker];
  3. Whether he has sent the same unedited email to the other workers mentioned in the unedited email and hence possibly breached [Worker]’s confidentiality;
  4. [Worker] asked to see the full email instead of the truncated version sent by Alec.

We understand that to date Alec has not replied to [Worker].

The AFR interestingly pointed out (12/04) that there is no statutory defnition of “bullying”. Gaden’s Jane Seymour told the AFR:

The definition of bullying can be quite grey. Victoria has now made it a criminal offence, rather than just an OH&S matter. And yet there’s no legislated description of bullying. We only have guidelines put out by WorkCover in NSW and other relevant state and territory bodies as to what they consider it might be. Often in the workplace, one person’s reasonably management style might constitute unwarranted criticism and persecution… Corporate bullying tends to be far more psychological.

Do you think an alleged phone call by a corporate partner to a medically unwell worker’s father, where the partner allegedly stated “she wont pass, she wont get a reference”, constitutes unwarranted criticism? Do you think an HR manager’s alleged refusal to consider relevant materials in an internal investigation allegedly resulting in an employee’s redundancy (whilst on sick leave) constitutes persecution of the kind mentioned by the commentator quoted above?

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