Workplace Harassment Victims Demand Their Voices Back

The web of failures within the workers' compensation system, first exposed by Four Corners in 2020, is now brought into sharper focus through the *Shattered* docuseries, which uncovers the brutal, systemic abuse inflicted on women trapped in this unforgiving system. This pattern of structural violence is no longer hidden, as women come forward in droves, sharing harrowing accounts of mistreatment and exploitation that demand immediate and unflinching scrutiny. The time to confront this rampant abuse is now.

The Shattered docuseries isn't just about telling stories—it's about holding power to account. We're giving voice to the silenced, shining a spotlight on the human casualties of a system designed to protect them. As we unveil these harrowing accounts, we're also turning our investigative lens on the carefully crafted responses from those in charge.

Case in point: ICare remains apologetic but hiding behind poor legislation and a government who refuses to acknowledge the carnage caused to tens of thousands of injured workers by the systemic failure of iCare.

There is a huge gulf between the public relations messaging iCare spins, and the painful realities of what is and has happened to injured people on claims for psychological injuries due to workplace bullying and harassment. It's time to cut through the jargon and demand real answers.

In a world that increasingly values transparency and accountability, countless employees, many of them women who have been harassed at work remain caught in a troubling bind—constrained by non-disclosure agreements (NDAs) that enforce silence about their experiences of workplace abuse and, designed to protect their abusers.

For those subjected to bullying so intense that it leads to psychological injury, NDAs often act as lifelong shackles, forcing them into isolation just as they attempt to reclaim their lives and careers. This silent suffering is poignantly illustrated in *Shattered - The Documentary*, where one woman shares her harrowing journey: bullied so relentlessly that her employer, despite the insurer (Allianz) accepting liability for her injury as workplace harassment and workplace bullying, and the regulator, the State Insurance Regulatory Authority (SIRA) ultimately acknowledging on a commutation form that the cause of injury was workplace bullying and harassment, used the legal system unchecked for years to keep her silent. iCare, the overseeing claims body, failed to intervene or even establish guidelines more broadly for actually addressing workplace bullying and sexual harassment during the claims process, thereby allowing scheme agents to expose women to the dangerous tactics of their abusers. In this instance the alleged perpetrator of the abuse was the employer contact for the insurer. Remarkably years later, iCare issued an apology to the woman for this abuse but has failed to rectify their mismanagement and cause of the harm to the woman.

In a disturbing twist, the employer’s legal action included events from the woman’s collapse in front of them at the Australian Human Rights Commission, where no one rose to help. At *Shattered*, we believe that excessive trust in authority can endanger psychological and physical safety. Following this, she sought advice from leading legal figures, including Giridharan Sivaraman, who was later appointed Race Discrimination Commissioner at the Australian Human Rights Commission in March 2024. There is no suggestion he was involved in this inaction.

Now, this woman faces the further injustice of an NDA that bars her from fully explaining her past to potential employers, leaving her victimized twice—first by her bully and then by a system that restricts her right to speak out.

NDAs: Silencing the Victims, Protecting the Perpetrators

Non-disclosure agreements were originally created to protect business secrets and confidential information, but in many cases today, they are misused to protect companies from public exposure in cases of abuse, harassment, and bullying. This allows employers to maintain their reputation, while victims are silenced and prevented from speaking out about their traumatic experiences.

In cases like the one featured in *Shattered*, where an employer bullied an employee to the point of a psychological breakdown and legal proceedings, the injustice is glaring. The employee—already a victim—must now navigate the terms of a complex NDA, which limits her ability to disclose essential details about her experience to future employers. This can leave her in a vulnerable position where she cannot fully protect herself or meet the obligations owed to her new employer. The bully has carried themselves over into her life, forever.

The Psychological Toll of NDAs

The emotional and psychological impact of being bound by an NDA after experiencing severe workplace bullying that resulted in a devastating workplace injury is immense. For many victims, the trauma of the initial bullying is compounded by the ongoing pressure to remain silent about what happened to them. This can lead to:

1. Increased Anxiety and Stress: Victims are often unsure about what they can or cannot say, constantly fearing that a misstep could lead to legal consequences. This creates ongoing anxiety, even after leaving the toxic workplace.

2. Isolation: Being unable to share their full story leaves victims feeling isolated. They cannot turn to new colleagues or employers for support because they are legally restricted from disclosing the circumstances that led to their previous injury.

3. Ongoing Psychological Harm: The act of keeping quiet about a traumatic experience can itself become a form of ongoing psychological harm. It prevents healing and creates a situation where the victim continues to carry the emotional burden of the bullying long after the events have ended.

The Power Imbalance

At the heart of this issue is a severe power imbalance. Employers often have significant legal resources at their disposal, allowing them to enforce NDAs with the threat of financial or legal repercussions. Meanwhile, the victim—already emotionally and psychologically damaged from their experience—has far fewer options. In this dynamic, the employer’s reputation is protected at all costs, while the victim is left to fend for themselves, trapped in a web of legal restrictions.

When NDAs Are Used to Shield Abusers

One of the most insidious aspects of NDAs is how they can be used to shield abusive employers from accountability. In cases of workplace bullying and harassment, companies may use NDAs not only to keep the details of the abuse under wraps but to prevent victims from speaking out in a way that might encourage other employees to come forward. This allows toxic workplace cultures to continue unchallenged.

In the case of the woman from *Shattered*, the NDA has effectively silenced her, preventing her from healing, from warning potential future employers about her need for certain accommodations or her experience with psychological injury. The fear she feels is very evident in the documentary.

Meanwhile, the employer who bullied her faces little public accountability, despite being issued with improvement notices from Safe Work NSW for not having a workplace bullying policy in the workplace in the first place and the systemic issues that allowed the bullying to continue post these directions from Safe Work remain unaddressed.

The Legal and Moral Problems with NDAs in These Cases

There is a growing awareness of the problems associated with using NDAs in cases of workplace bullying and harassment. While these agreements may protect companies from reputational damage, they can also create situations where victims are left vulnerable and unsupported.

From a legal perspective, it is crucial to understand that **no NDA can legally force an individual to compromise their safety or breach the law**. Even if bound by a confidentiality agreement, an employee still has the right to disclose information necessary for their health and safety in a new job. But navigating the fine line between what can be shared and what is legally restricted can be a source of intense stress for victims who are already dealing with the psychological fallout of workplace trauma.

Reforming the Use of NDAs

To address this unfairness, there needs to be significant reform in how NDAs are applied, particularly in cases involving psychological injuries from workplace bullying. Some potential areas for reform include:

- Limiting the Scope of NDAs: NDAs should be limited in scope when psychological injury or bullying is involved, allowing victims to share critical information with future employers without fear of legal repercussions.

- Protecting Victims: Victims of workplace bullying should have access to legal and psychological support to navigate their rights under an NDA. They should not feel as though they are carrying the weight of their trauma alone nor the financial burden.

- Holding Employers Accountable: Employers who engage in bullying should not be able to hide behind NDAs. There should be greater accountability for companies that allow or engage in harmful workplace practices.

The Emotional Toll on Victims

For the woman in *Shattered*, the weight of her silence is a constant burden. After enduring the trauma of workplace bullying and harassment, she now faces the additional challenge of moving forward in her career while being legally constrained from discussing the very experience that has shaped her needs as an employee. This creates a suffocating sense of injustice, where the psychological harm continues long after she has left the workplace.

The distress caused by this situation cannot be understated. It is deeply unfair that she must bear the responsibility of complying with an NDA while trying to rebuild her life. Meanwhile, her former employer—who bullied her to the point of psychological breakdown—remains protected by the very legal system that should be ensuring justice.

Conclusion: A Call for Change

NDAs, when used to protect companies in cases of workplace bullying, create an inherently unjust system. They allow employers to evade accountability while silencing victims, preventing them from sharing the full extent of their experiences and leaving them at risk in future employment.

We must advocate for change, ensuring that victims of workplace bullying are not forced into silence and that NDAs are not misused to protect abusive employers. Until we create a system that values justice and accountability over secrecy, the voices of victims will continue to be stifled, and the cycle of workplace abuse will persist.

The case of the woman in *Shattered* is just one example of how NDAs can be weaponized against employees who have already suffered enough. It is time to rethink how we use NDAs in cases of workplace bullying, ensuring that victims are supported, not silenced.

Learn about Moral Injury - how your organisation can stop the betrayal: A training module is available on demand from the Shattered Series. Package includes training on What is Moral Injury plus short tailored film including 4 international case studies and workbooks to embed ethics and organisational justice within your organisation. You can purchase at the above page link.

*This blog post is a reflection on the unjust use of NDAs in workplace bullying cases and advocates for reform to protect victims and promote accountability in workplaces.*