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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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An employee on a 3 month trial contract was advised in

Customer Question

An employee on a 3 month trial contract was advised in writing about a number of serious issues including missing agreed deadlines - did not attempt to meet them, giving incorrect information to a client and being unable to use software which she claimed to have skills. Each was made aware aware in writing to her. After being advised that another employee had fixed the problems, she emailed at 6.11 pm:
No worries, I think it’s best you work with Alison in future. I’m not the right person.
Please contact Al for Korea on 0468 891 854 tomorrow. He’s not in Sydney but is willing to work from home for 4 hours tomorrow.
Kellie Morgan
This was taken as a resignation and a handover of the project she was leading - the Managing Director accepted this to her. She did not turn up for work at 9am and her responsibilities were allocated to other staff. Subsequently she claimed that she hadn't resign and demanded that we dismiss her and pay "8 days salary". She was sent a Separation Certificate and her Group Certificate. Since then she has texted over 100 times including calling me an "idiot" our GM "a dried up old bitch". I want resolve any employment issues in court but most of all stop the cyber abuse. I have reported to the police but they think she has not committed any offence.
What can I do to stop her abuse?
Geoff Minter
Submitted: 2 months ago.
Category: Australia Law
Expert:  Leon replied 2 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 but a guide to assist you.

Did she come back to work at all?

Customer: replied 2 months ago.
No. In the last hour she has texted that she hopes her stress causes me to end up like my brother who has a serious heart complaint and she also threatens to email my clients to say I'm a fraud. I've called the police again
Expert:  Leon replied 2 months ago.

Good Evening.

If she has not come back to work, then it can be deemed that she abandoned it.

If she had come back and you told her that she had resigned that would be different. She has simply failed to return and from the email it appears she has no intention of coming back.

I hope this makes sense?

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