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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42659
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have recently had my employment terminated because I was

Customer Question

hello, I have recently had my employment terminated because I was told I had breached a contact that I had signed. It was to my understanding that under the terms of the contract I was not to speak to any other staff member regarding a romantic relationship that had developed between a manager and an employee, I was told I had breached the contract when it was brought to the managers attention that I had spoken about the situation at hand with friends who have no association with the company on my own time. Is this legal for them to do this or have I been dismissed unfairly?
Submitted: 11 months ago.
Category: Australia Law
Expert:  Leon replied 11 months ago.

Good Evening

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.

Are you able to give me the exact wording and what does it say about dismissal?

It appears to me it is harsh and may be an unfair dismissal.

How long ago were you dismissed?

Customer: replied 11 months ago.
I was dismissed today, the agreement I signed was as such.
you signed was as follows:
I, Tyler Busch understand that the items and events that have led to this
investigation based on formal complaints received are very serious and
need to be kept in confidence. Any breach of this confidence can have
serious consequences. This includes any further comments or discussions
within any social media site, text messaging, email, or forms of
communication, written, spoken or otherwise to persons directly,
indirectly or not involved in the complaint raised.Firstly is this legal for them to in force this? Also I was specifically told I can speak to my therapist or an independent party which in my opinion is contradictory of the agreement, would this void the contract?
Expert:  Leon replied 11 months ago.

What you have sent me appears to be something that you would have signed recently.
It is an admission and this is not a good thing.

To force you to sign something is not legal.

Did you sign anything when you started work that they allege you breached?

Customer: replied 11 months ago.
the following that I just sent you was something that I signed recently that I allegedly breached
Expert:  Leon replied 11 months ago.

Good Morning

You have 21 days to sue for unfair dismissal

If there is nothing else that you signed and they forced you to sign this then you have a claim

https://www.fairwork.gov.au/ending-employment/unfair-dismissal

The forcing you to sign is coersion and not allowed.

So lodge the claim in the next 21 days.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

Expert:  Leon replied 11 months ago.

Good Morning

I am just following up my last post. If you need any further assistance, please do not hesitate to contact me.

Have a great new year

Regards

Leon