Unfair Dissmal,Good Morning I am in a situation where I beleive that I have been set up by my employees and as as a consquece I have had "off the record" conversations with my boss's who have made it very clear that I need to resign or else.To date I have not had the aledge compaint formaly presented to me and as such I really don't know what to do can you please adviseThanksJohn
Can you please provide me with significantly more background information. For example, who set you up and why?
I had a previous complaint against me by one of my employees by the name of Rachel,whilst I was recently away on holidays I phoned in to my other employee Felicity to ask about a work issue,after the phone call I have been told that Felicity claims that I was abusive to her over the phone and that she went to my HR department and made a complaint about this issue fact is that I was not abusive to her over the phone,however Felicity even said that she would resign because of me,which to date has left me very confused and angry as Felicity I have treated with "kid gloves" since day 1.
I strongly feel that rachel who had made a previous complaint about me has "coached" Felicity into making this complaint against me.
As I stated previosly I am yet to get a formal notice from my HR department however my boss's are making it very clear that they do not want me to remain in employment with this company
my boss's are making it very clear that they do not want me to remain in employment with this company I see. Have your bosses offered you an exit package for you to go, or just hinted that they would be sacking you?
They have hinted they would sack me is my understanding currently
Well, in that case you should make a complaint to the Fair Workplace Ombudsman on the basis that your workplace rights have been violated. I recommend that you call 13 13 94 and make a complaint about this.Once you have given the Fair Workplace Ombudsman a call, you should talk to your employer and tell your employer you have spoken to the Fair Workplace Ombudsman and that you believe your workplace rights have been trampled, but that you are still willing to negotiate a resolution to this problem. However, if this doesn't work, then you will need to fill out a complaint form which can be posted to you from the Fair Workplace Ombudsman. When you call 13 13 94 ask them to send out to you such a form.Your complaint may result in an investigator coming to see your employer just to make sure workplace laws have been complied with! Workplace harassment of this nature is against the law, so if the investigator finds that this has occurred - fines and other penalties could be applied.If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.
I did my law degree at the University of Queensland
So Fair Workplace Ombudsman can advise me or just take note of my complaint?
How will it work moving forward?
They can even send an investigator if they want to. How far they go will depend on how serious they think your situation is.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).