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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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Leon my husband was given an allegation of breaching Social

Customer Question

Leon my husband was given an allegation of breaching Social Media Policy for opening a facebook group page for a union update and people posted obscene stuff on it so he met with them and explained he is not administrator and that he didn't mean for it to get out of hand.. they now have called him back to show cause and he meets on Wednesday
how do we draft the letter up for this for him to keep his job..
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

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.

He has to set out reasons why he should be kept on. Then benefits he offers the business.

Does he have a copy of the policy?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
he has met with the HR delegate and explained the allegations and they said they would get back to him they did today and asked him to show cause and the claim is a serious allegation of miss conduct. how does he show cause
Expert:  Leon replied 1 year ago.

Good Afternoon

What does the policy say and has he breached it?

Customer: replied 1 year ago.
the policy states that you can not bully or harass via social media etc he met with them and explained these allegations where not in context (the person that reported it did not give them full access to the site so they did not see exactly the thread of conversations. apart of one comment was my husband said they were all yes men but was referring to other people, his company have taken that he was talking about them and now say that was harassment and he needs to show cause he can not talk to anyone so can not ask the people that were in this conversation to vouch for the conversation
Expert:  Leon replied 1 year ago.

Good Afternoon

I understand what he had done.

Did his actions breach the policy?

Did he provide them the site for them to see and make their own decision?

Would someone that knew your husband and his employer lead to the conclusion that it was about his employers?

Customer: replied 1 year ago.
no they don't
the site has been closed and he showed them the original thread last week when they met
no he took a support person in with him and they also said it was about another person not the company
Customer: replied 1 year ago.
why did $91.90 just come out of my account for this .. plus the initial deposit..of $6.95
Expert:  Leon replied 1 year ago.

But you have not answered my question.

Is it possible that a person that knew your husband and his employer, when reading it, think it was about the employer?

All of this is important. This is what they are relying on to say he breached the policy.

Ignore for the time being that it is about another person and look at it from the point of view of who would an independent person think it is about.

If the answer is that it would be thought to be about the employer then your husband has to address this error.

He cannot deny it.

He has to go through the policy and use it in his favour.

Here is an example from a University

http://www.uqu.com.au/files/SHOC/education/shoc_show_cause_letter_template_22sep14_v1.pdf

He has to look at the situation and set out what he did and why it was taken out of context and how losing him as an employee is to the companies detriment.

Customer: replied 1 year ago.
does he explain it all again ???
he has a letter drafted to explain what a great employer he has been over 22 years with never an incident etc but we are at a loss to what to write to show cause.
Expert:  Leon replied 1 year ago.

Good Afternoon

He has to show in detail why he should stay.

If it can be seen the way the company sees it then he has to be apologetic and at the same time show why they have misunderstood it.

You have to look at the allegation and show that his prior service should take precedence over this. Do not make light of this though. If it is serious accept it is serious but show that when you take into consideration his past with this incident the past should be considered more important.
Also when he took it down and it was done in an attempt to minimise the damage.

Customer: replied 1 year ago.
can they terminate him if they don't like his show cause letter
Expert:  Leon replied 1 year ago.

Good Afternoon

Yes they can but he can take actions for unfair dismissal

Here is some information where the courts have held the termination as unfair

http://www.gadens.com/publications/Pages/Show-cause-letter-brings-criticism-for-HR-Manager.aspx

Customer: replied 1 year ago.
Have I already been charged for this advise?
Expert:  Leon replied 1 year ago.

I do not deal with the money side

I am not sure what you have offered.

I can pass this on to the administrators.
I take it from your last comment you are not happy, am I correct?

Customer: replied 1 year ago.
I read all the instructions, followed the correct procedure and put in my bank details for a $5.00 (Australian) deposit in good faith... then once I had finished I was to pay balance of $71.00 IF I was happy. I received notification that the money has already been deducted from my account so yes I am not happy as I believe the instructions to say after the transaction I WOULD BE CHARGED.. so would appreciate a reversal of this amount already deducted
Expert:  Leon replied 1 year ago.

Good Afternoon

I have not been paid and until we have finished I will not send the rating page.

Customer: replied 1 year ago.
can you send me a sample show cause letter?
Expert:  Leon replied 1 year ago.

Good Evening

I have sent you an example of a university one that you can have changed.

I am reluctant to draft anything without speaking to you husband and not having been present at the meeting.

You can use the University one and adapt it. It is about exams but it can easily be changed to meet your husbands situation with his facts.

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