Maurice Blackburn

IBM employee takes $1.1m bullying case to Federal Court

IBM employee Susan Spiteri is suing the company for workplace bullying and sexual harassment.

Ms Spiteri filed her claim in the Federal Court seeking $1.1 million in compensation and damages after mediation in the Australian Human Rights Commission failed.

She has not been able to work since the end of November 2009 after suffering sexual harassment and sustained workplace bullying from a manager. 

Maurice Blackburn Employment Special Counsel Siobhan Keating is representing Ms Spiteri.

"Ms Spiteri was a high performing sales executive at IBM," Ms Keating said.

"She suffered such serious stress related illness about her work situation. She is currently unfit for work and may remain this way for some time.

"Ms Spiteri did her job very well until the appointment of new senior manager, who we allege systematically harassed and bullied her, including inappropriate touching, remarks, threats, intimidation and unreasonable demands.

"That manager said Ms Spiteri should "get her breasts out" to get sales. He also referred to her as "F---ing Spiteri" and called her repeatedly out of hours.

"When Ms Spiteri reported the bullying and serious sexual harassment, IBM's human resources department turned a blind eye."

Ms Spiteri said that since her case first made media headlines in mid-April, she had received numerous calls and text messages from colleagues who were very supportive of her stand.

"I know what I went through and I don't want that to happen to anyone else," Ms Spiteri said.

"The managers and human resources department at IBM saw what was happening to me and they did nothing about it.

"The sad part is all they cared about was bringing in that extra sale. My bullying complaints were pushed aside.

"I'm mentally and physically sick from the experience. I'm drained. It's cost me a lot of money, too. I'm out of pocket every week for doctors, specialists and medication.

"The bullying affects everything, including my relationships with my family and friends.

"It can't go on - in any company. It's 2011 and I can't believe this culture of bullying, it's wrong.

"I still feel like a failure because that's how they made me feel. It just shouldn't be that way.

"I don't like being home. I've always worked. I hope to be doing something in the future, but I'm not sure yet what work I'll be able to do.

"I'm taking this legal action so I am compensated for the distress I've gone through and loss of income, and to hopefully bring about a change in workplace culture, not just at IBM but everywhere. This shouldn't happen again."

Ms Keating said there had been a positive shift in community attitude towards acknowledging workplace bullying, particularly since the Brodie Panlock case.

"It's no longer taboo to speak out about workplace bullying and sexual harassment," Ms Keating said.

"The Productivity Commission reported in 2010 that the cost to the Australian economy of bullying and its close relative, harassment, ranges from $6 billion to $36 billion a year.

"It's not enough for companies like IBM to have the right policies in place if they're not enforced. IBM has a detailed policy that commits it to a workplace free from harassment. Yet, despite having an excellent policy, there was a failure to act on the ground. Ms Spiteri's story is a tragic example of what can happen when the policy does not match the reality.

"This is a real issue in Australian workplaces, and the more people that have Ms Spiteri's courage, the more likely we are to see real change."

Note to editors: Susan Spiteri is NOT available for interviews. A photo of Susan is available on request.

Maurice Blackburn Employment Special Counsel Siobhan Keating is available for interviews. Please contact Katie Findley to arrange a suitable time.