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A FORMER kitchen staffer at Wodonga hospital has taken legal action after having her pants pulled down by a workmate and being left “humiliated and embarrassed”.
Linda Dudderidge, 49, yesterday reached a confidential settlement with the Wodonga Regional Health Service after the County Court heard she had been left psychologically damaged as a result of the incident which happened in July 2004.
The deal followed 2½ days of evidence with the court hearing pranks were a regular part of the kitchen workplace, with flour bombs and eggs thrown along with staff putting food colouring on themselves and decorating cars with toilet paper.
Bra flashing and sexual discussions were also part of the kitchen environment, the court heard.
In suing the health service, Ms Dudderidge had claimed the hospital was negligent in various ways including failing to investigate problems in the kitchen, failing to address bullying and skylarking, and failing to provide adequate training and have an adequate code of conduct.
Before the settlement Judge Robert Dyer described the case as “most unusual”.
“Someone is going to end up with egg not on the floor but on their face,” Judge Dyer said.
Ms Dudderidge said on the day her pants were pulled down by workmate Coral Mansell there were up to 35 people in the kitchen.
“I was in a bent over position to put the Esky on the trolley when my pants were pulled down to my knees,” Ms Dudderidge said.
“I was wearing a G-string at the time. Everybody was laughing at me. I was humiliated and embarrassed and made a fool of in front of everybody.”
Ms Dudderidge said she reported the incident to managers and “they just looked at me as if nothing happened” and didn’t treat it “seriously”.
The qualified chef subsequently had three days off work and sought medical treatment and was prescribed anti-depressants following panic attacks and sleeplessness.
Ms Dudderidge returned to work on the proviso she was not rostered when Mrs Mansell was.
Mrs Mansell had been due to give evidence to the hearing but was not required to after the settlement was finalised.
Scott Murray, who was the kitchen supervisor in 2004, acknowledged Ms Dudderidge complained to him about the dacking.
“I know all parties were spoken to and Coral, who actioned the incident, formally apologised,” Mr Murray said.
However, Mr Murray said he did not believe Ms Dudderidge accepted the apology and Mrs Mansell then received a warning.
Don Elder, who was the hospital’s human resources manager from 1999 until January, gave evidence that WorkSafe had investigated the pants pulling after a complaint by Ms Dudderidge and concluded it was “a practical joke gone wrong” rather than “employee harassment”.
He said the hospital reprimanded Mrs Mansell, who has since retired.
“Mrs Mansell was subject to disciplinary action,” Mr Elder said.
“I believe it was a first and final warning.”
Mr Elder said the hospital had been issued an improvement notice by WorkSafe urging it to develop and implement a bullying and harassment policy which had been subsequently introduced.
Ms Dudderidge said when she started working at the hospital in 2003 she was given no instructions or documentation in relation to occupational health and safety or bullying and harassment.
She said it was in contrast to Albury’s Commercial Club where she worked as an apprentice.
The health service will pay Ms Dudderidge’s legal costs, while a case against Mrs Mansell was dismissed by consent with no claim for costs.
