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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42348
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I'm a whistleblower who worked in the NSW public service.

Customer Question

I'm a whistleblower who worked in the NSW public service. My PID made it to the Minister, who referred it back to the NSW Ombudsman and then to my employer. I was compensated slightly under workers comp - I chose to settle rather than having a public judgement that could affect a large number of innocent people adversely. Three years later, I have no job (my contract finished), no reference, a psychological injury and the organisation wants to tie me up with a non-disclosure but with minimal compensation, and nothing for pain and suffering or on-going help to re-train to find another job. Should I consider going to Fair Work, or should I just take the money (essentially just paying out my contract that I couldn't finish due to bullying and harassment from my former manager) and run?
Submitted: 5 months ago.
Category: Australia Law
Expert:  Leon replied 5 months ago.
Good MorningMy 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 advice but a guide to assist you.I am surprised that you did not have a solicitor act for you in this. Also three years have passed and you are out of time. I also assume you signed a deed of release and this would say you have finalised the matter and it can be used to stop any further actions. Get everything you have together and take them to a Solicitor that practices in this area on a no win no fee basis and see what they can do for you. I believe you are out of time but having said that there may be something that they find in the papers that can reopen the matter. I am sorry I cannot give you anything more positive but you have to get all your paperwork and have them look at it. 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. RegardsLeon
Customer: replied 5 months ago.
Thanks Leon
Legal advice is expensive if you have no income! And no, I haven't signed any deed of release as yet. My understanding is that I would have 6 years to lodge an adverse action claim (trying to lodge a PID, then being bullied and harassed to the point of breakdown). Is that correct? It will be 3 years in August since I left. Cheers Kim
Expert:  Leon replied 5 months ago.
Good MorningI suggest you move now. Go see a solicitor that practices in employment law on a no win no fee basis. eg. Maurice Blackburn, Shine Lawyers etc. They will not charge you to ruin a case if they believe you have one. They take the money out of any payout Employment law is very tricky. In most cases time to bering an action is 3 years and in others such as unfair dismissal or coercion 28 days. You have to make a mover very quickly.

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