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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 3410
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I was given an informal verbal warning from my manager for

Customer Question

I was given an informal verbal warning from my manager for time off work recently, even though they know I had a nervous breakdown during that time and also had to care for my child who was away from daycare sick with doctors certificates and I'm the only career for him as I'm a single mum. Did they have a right to give me the warning without warning and do they have the right to say they have been compassionate but I need to be in the office everyday, even when they were part of the cause of the breakdown and had warning signs and when I made it clear at my interview that my only concern with being employed was that my son would get sick and I wouldn't be able to be at work, plus I have worked from home on majority of occasions and I have worked evenings and weekends to meet deadlines, I just haven't done this much over the past 6-8 weeks due to the nervous breakdown, which I immediately got treatment for. I'm currently gathering information regarding days off / work from home and other facts, they haven't given me anything in writing re the warning but the meeting itself was intimidating and I'm just wondering if I need to formally ask them if its a informal warning as per their code of conduct document and if I have any legal recourse for their contributing factor to my nervous breakdown and lack of support
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.
Hello

I would be contacting the fair work ombudsman.

http://www.fairwork.gov.au/Pages/default.aspx

They knew full well that you had that issue with respect of your child.

They will look into the matter for you.

They too can look into the issues surrounding the factors of your breakdown.

In short, yes you do have legal recourse and it lies within fair work.

Please accept.
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 3410
Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
Daniel and other Australia Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks Daniel
Nothing has been given to me in writing, should I email them to clarify if this meeting was in fact an informal verbal warning, as outlined in the companies code of conduct documentation?
Kind regards
Trish
Expert:  Daniel replied 1 year ago.
Have them clarify everything in writing

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