By Catherine Ngo Content writer, presenter and podcaster

A former employee of Nine Entertainment has come forward, alleging inadequate handling of his claims of bullying by the company, allowing the behaviour to persist. Not only did he allege bullying, but he stated he also faced discrimination due to his Iranian heritage, resulting in his placement on a performance improvement plan and pressure to resign.

Background

The former employee, Mr S, commenced his employment with Nine in 2018 on a fixed-term contract before being appointed permanently as a senior engineer. In 2022, he moved across to the web digital publishing team.

In June 2022, he alleged that his colleague, Mr L, began to bully him, not based on any discriminatory factor, such as race, but instead on his competence as an engineer.

Mr S complained to his manager, Mr B, by sending a message regarding the alleged treatment he was receiving from his colleague. He stated that Mr L's behaviour allegedly "became very aggressive, almost yelling at me" during a meeting.

In response, Mr. B offered a supportive message, concluding with a commitment to avoid similar challenges in the future. He requested to be included in future discussions related to such matters, emphasising his dedication to finding common ground and ensuring the team's success.

Considering the alleged behaviour of Mr L, Mr S communicated with his line manager via email, expressing concerns about the progress of the ongoing investigation into the allegations. Mr S highlighted that if the past few months indicated the future, he anticipated a challenging path within the organisation, attributing it to perceived discrimination and bias against him from an influential individual in a position of power.

After enduring months of bullying, Mr S escalated the issue to a senior engineering manager. Allegedly, this manager responded dismissively, suggesting Mr S find employment elsewhere and implying that he could be eliminated.

Formal grievance raised with HR

In October 2022, Mr S formally complained to the HR Business Partner. An investigation into the allegations commenced; however, during his discussions with HR, Mr S did not mention his belief that the bullying was racially motivated.

In subsequent meetings between Mr. S and HR, a performance improvement plan (PIP) regarding his communication style was discussed. During a meeting in November 2022 intended to establish the framework for the PIP, Mr S claims he was pressured to resign in exchange for financial compensation.

Additionally, HR allegedly informed him that his complaints would be disregarded, and his employment would be terminated, saying something like "create your own story and resign" and "there is no way we'll fire Mr. L for someone like you." The investigation into the claims was completed that same month, and none of the allegations were substantiated. Subsequently, in December, Mr. S submitted his resignation.

Key findings

Considering the NSW Anti-Discrimination Act 1977 governing the application, finding substantial proof to bolster the allegations was imperative throughout the review. However, the tribunal concluded there was insufficient evidence to support the former software engineer's allegations.

According to the consideration, "Mr S contended that Mr L bullied and harassed him not because of his race but because he reported the bullying and harassment. Nine failed to investigate the complaint, initiated performance management, pressured him to resign, and these three actions were taken due to his race."

There was no evidence to suggest that the PIP was in any way connected to Mr S's race or was used as a form of retribution based on his Iranian heritage.

"Simply believing or feeling that you have been discriminated against is insufficient to meet the burden of proof in the act. An applicant must convince the tribunal that discrimination did occur," the consideration stated.

Due to insufficient evidence, the application was dismissed.