Psychological Assault Verdict a First in Finland
Court of Appeals convicts Timo Räty of workplace bullying
The Court of Appeals has ordered Timo Räty, the former director of the Transport Workers’ Union AKT, to pay fines for assaulting the Union’s Communications Director Hilkka Ahde. The Court also found Räty guilty of two occupational safety offenses. The verdict constitutes a landmark decision in Finnish legal history.
The Court found Räty guilty of assault. In practical terms, the former AKT leader was found guilty of psychological violence. As such, the Court of Appeals came to a similar decision as that made by the Helsinki District Court one year ago in January, when it sentenced Räty to 80 days’ worth of fines for assault and occupational safety offenses, and ordered him to pay a fine of 2,080 euros.
The District Court also ordered AKT and its former director to pay an additional 12,000 euros to Hilkka Ahde, to compensate for the mental duress and temporary disability she suffered. The Court of Appeals also upheld this conviction.
According to the District Court, Räty was guilty of assaulting Ahde over a period of six years by humiliating her in public, shouting at her, and even refusing to talk to her in the end. The District Court concluded that all this amounted to psychological violence.
Court: Räty acted deliberately
Echoing the District Court, the Helsinki Court of Appeals also said that Räty had harmed the health of Ahde in ways that fitted the definition of assault. Ahde had taken sick leave for the first time in December 2008. According to the Court of Appeals, by this point Räty must have realized that his behaviour was harming Ahde’s health. Even so, Räty did not change his ways, and stopped communicating entirely with Ahde in 2009.
The Court notes that Räty maintained his behaviour even after being contacted by occupational health care and Regional State Administrative Agencies about his treatment of Ahde. This showed that Räty had acted deliberately, and that he must have realised that his actions were most probably harming Ahde’s health.
First conviction for psychological assault in Finland
The District Court and Court of Appeals assault verdict is the first in Finland given for psychological violence, according to District Prosecutor Tuire Tamminiemi. An assault sentence has never been handed out in Finland for psychological violence occurring in an occupational – or any other – setting.
Tamminiemi is happy with the Court of Appeals verdict, which she sees as significant in areas of occupational safety and violent crime.
“People will become aware that workplace bullying cases can, and should be raised,” notes the prosecutor.
Hilkka Ahde was very happy with the Court of Appeals decision, according to her lawyer Mika Kivikoski.
Fair Work Commission: Anti-Bullying
https://www.fwc.gov.au/resolving-issues-disputes-and-dismissals/workplace-issues-disputes/anti-bullying
Introduction
From 1 January 2014, a worker in a constitutionally covered business who reasonably believes that he or she has been bullied at work can apply to the Fair Work Commission for an order to stop the bullying.
This section of our website contains information about:
- what bullying at work is
- who can apply for an order to stop bullying at work, and
- the process to follow.
What is bullying at work?
Bullying at work occurs when:
- a person or a group of people repeatedly behaves unreasonably towards a worker or a group of workers at work
AND
- the behaviour creates a risk to health and safety.
Bullying does not include reasonable management action carried out in a reasonable manner.
Find out more
- Read the meaning of workplace bullying at s.789FD of the Fair Work Act 2009
Bullying behaviour may involve, for example, any of the following types of behaviour:
- aggressive or intimidating conduct
- belittling or humiliating comments
- spreading malicious rumours
- teasing, practical jokes or ‘initiation ceremonies’
- exclusion from work-related events
- unreasonable work expectations, including too much or too little work, or work below or beyond a worker’s skill level
- displaying offensive material
- pressure to behave in an inappropriate manner.
However, in order for it to be bullying the behaviour must be repeated and unreasonable and must create a risk to health and safety.
Find out more
- See the meaning of workplace bullying in the Fair Work Act 2009
- Download our Guide—Anti-bullying (opens in a new window) (PDF)
What is reasonable management action?
Reasonable management action carried out in a reasonable manner does not constitute bullying.
Reasonable management action may include:
- performance management processes
- disciplinary action for misconduct
- informing a worker about unsatisfactory work performance or inappropriate work behaviour
- asking a worker to perform reasonable duties in keeping with their job
- maintaining reasonable workplace goals and standards.
However, these actions must be conducted in a reasonable manner. If they are not, they could still be bullying.