Australia: CFWIJ Urges Anti-Bullying Measures After Court Rejects Pallavi Jain's Case Against SBS
Federal Court rules SBS did not violate the Fair Work Act in terminating Jain's employment
Location: Australia, SydneyDate: June 21, 2021Updated: October 19, 2022
The Coalition For Women In Journalism expresses profound disappointment in the Federal Court's decision to dismiss Pallavi Jain's legal action against Australia's Special Broadcasting Service (SBS). This verdict signals a distressing message about the accessibility of justice for those who dare to speak out against systemic discrimination within the media industry. Pallavi Jain's allegations of prolonged bullying by her executive producer, which led to severe mental health challenges and her unfair dismissal, represent a grave violation of the principles of dignity, respect, and fairness in the workplace. The court's dismissal, citing SBS's efforts to mediate the conflict, does not diminish the reality of Jain's reported suffering nor the systemic issues it exposes within media workplaces. The Coalition For Women In Journalism stands in solidarity with Pallavi Jain and all journalists who face similar battles for justice and accountability. We call on authorities and the media industry to implement comprehensive policies and transparent practices that safeguard the psychological well-being of media professionals and support the eradication of toxic workplace cultures.
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A former journalist with the Special Broadcasting Service (SBS), Pallavi Jain, has taken legal action against the network, alleging she was the victim of prolonged bullying by her executive producer, Kumud Merani, which led to her unfair dismissal in December 2019.
Jain’s dismissal follows allegations of bullying and racism within SBS, spotlighted by the resignation of high-profile journalist Lee Lin Chin and claims of a toxic culture and systemic racism.
Jain lodged three complaints against Merani before her termination, prompting a 2016 external investigation. The investigation concluded that Merani had engaged in workplace bullying and harassment against Jain, finding breaches of SBS's code of conduct. Despite these findings, Jain alleges SBS declined to change her reporting line, exacerbating her anxiety.
The situation prompted another investigation by the work safety regulator Comcare, which linked Jain’s mental health issues directly to her working conditions under Merani. Comcare also found SBS liable for Jain's medical expenses. Despite this, Jain claims she was compelled to work under Merani for an extended period.
Jain describes the experience as "harrowing," criticizing SBS's inaction. "All SBS needed to do was to change the reporting line, but they did not," she says. Following an unsuccessful rehabilitation program intended to assist her in finding alternate employment within the network, SBS terminated Jain's employment, citing her inability to work under Merani as an inherent role requirement.
Contrary to seeking monetary compensation, Jain is demanding reinstatement, emphasizing her fight for justice over financial restitution. "It’s about justice at the end of the day. Why should I have to give up my job because someone bullied me?" says Jain.
“Why should I have to give up my job because someone bullied me?”
In response to the allegations, an SBS spokesperson refuted the claims of a bullying culture within the organization. "We absolutely refute assertions that SBS has a culture of bullying. We take any issues raised with us seriously and respond in line with our clear workplace behavior policies and grievance procedures. Any suggestion that SBS doesn’t prioritize the health and well-being of all our employees equally is offensive and false," the spokesperson stated.
In October 2022, the Federal Court dismissed Jain’s case. Judge Robert Cameron ruled that SBS did not violate the Fair Work Act in terminating Jain's employment. The verdict detailed SBS's efforts to mediate the conflict, including appointing intermediaries to facilitate Jain's return to work. Additionally, it noted Jain's attempts to secure employment elsewhere, applying for over 70 positions within and outside SBS without success.
Reacting to the court's decision, Jain expressed her determination to continue advocating against workplace bullying. "This judgment has made my resolve to fight workplace bullying even stronger so that no one else has to go through the trauma I went through," Jain states.
The Coalition For Women In Journalism stands in unwavering solidarity with Pallavi Jain and all media professionals who find themselves in similar, distressing situations. We insist on the urgent need for the media industry and authorities to implement and enforce robust policies and transparent procedures to safeguard employees' psychological well-being and eliminate toxic workplace environments. It is imperative that these policies facilitate a culture of dignity, respect, and fairness, ensuring that all employees can work without fear of bullying or discrimination. Moreover, the court's ruling does not absolve SBS of the responsibility to address the underlying issues that permitted such a situation to arise and persist. The response from SBS, claiming a lack of a bullying culture within the organization, contradicts the experiences reported by Jain and others, highlighting a significant disconnect between official policies and the lived reality of employees.
Women Press Freedom is an initiative by The Coalition For Women In Journalism
The Coalition For Women In Journalism is a global organization of support for women journalists. The CFWIJ pioneered mentorship for mid-career women journalists across several countries around the world and is the first organization to focus on the status of free press for women journalists. We thoroughly document cases of any form of abuse against women in any part of the globe. Our system of individuals and organizations brings together the experience and mentorship necessary to help female career journalists navigate the industry. Our goal is to help develop a strong mechanism where women journalists can work safely and thrive.
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