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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I am the CEO of a NFP organisation. Yesterday I was handed a

Customer Question

Hi - I am the CEO of a NFP organisation. Yesterday I was handed a letter by the chairman to say I was now on 2 weeks special leave pending an investigation of concerns about my performance objectives and that I was required to be interviewed by an external investigator tomorrow (30TH Oct). I was told I cannot attend work, access work websites, intranet or emails, attend related event functions, discuss with any employee, contact or approach employees etc or discuss the matters with anyone other than immediate family and my support person, legal or industrial advisor or media. Is this a lawful instruction and if so how am I to prepare answers to questions I may be asked?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Yes it is lawful for them to do this.

You should make sure that you have a support person or legal adviser with you at the time of the interview.

You have a right to ask for details of the allegations and I would suggest that you have this done properly through a legal adviser.

Does the NFP organisation have a policy about misconduct and procedures they will follow?

Customer: replied 1 year ago.
The NFP does have a code of conduct however I have not breached it nor have i been accused of doing so. The wording on the letter is "The Board of Directors has concerns that your performance objectives are not being met and there are now significant concerns being raised by Directors as to your capacity to complete your duties". I have been in the position for 8yrs & 3 months. We had a newly elected Board Chair in Feb 2015. I have not had an issue prior to this time. Essentially he used to run a very large government funded corporation. We at the NFp have very limited resources and funds.
Expert:  Leon replied 1 year ago.

Good Morning

Well you have to wait and see what happens.

You need to send them a letter and ask then fro some information about the allegations.