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Unfair Dissmal,Good Morning I am in a situation where I beleive

 
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  • Answered by:Alex
  • Solicitor - Admitted 2005
  • Positive Feedback: 94.6 %
  • Accepted Answers: 12642
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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 advise
Thanks
John

 

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State/Territory: Queensland

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Submitted: 302 days and 4 hours ago.
Category: Australia Law
Value: AU$69
Status: CLOSED
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Expert:  Alex replied 302 days and 3 hours ago.

Can you please provide me with significantly more background information. For example, who set you up and why?

Customer replied 302 days and 3 hours ago.

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

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Expert:  Alex replied 302 days and 3 hours ago.

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?

Customer replied 302 days and 3 hours ago.

They have hinted they would sack me is my understanding currently

Accepted Answer

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Expert:  Alex replied 302 days and 3 hours ago.

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.

Expert TypeSolicitor - Admitted 2005
Category: Australia Law
Pos. Feedback: 94.6 %
Accepts: 12642
Answered: 7/2/2012

Experience: I did my law degree at the University of Queensland

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Customer replied 302 days and 2 hours ago.

So Fair Workplace Ombudsman can advise me or just take note of my complaint?


How will it work moving forward?

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Expert:  Alex replied 302 days and 1 hours ago.

They can even send an investigator if they want to. How far they go will depend on how serious they think your situation is.

 
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