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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5140
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I have been working in disability for 16 years. 6 plus years

Customer Question

Hi.
I have been working in disability for 16 years. 6 plus years with my current employer. If had emplyer awards great appraisals etc and only one verbal warning ever. I recently approached my managet in regards ***** ***** stuff that was going on. Eg: staff dping shifts on their own whilst the other one takes a day off but they dont put in as sick leave just say they were on shift. Its quite dangerous as we work with clients in wheelchairs and uou need 2 staff to safely life. My boss was furious and refused to her it saying it was lies without investigating the matter it continued. I went to her manager and reported he said he would investogate. Then now im being head hunting ive been told im going to be given a first and final warning next wednesday at a disciplinary meeting. They say ive breached policies and that we find the balance of probability that i was untruthful in reporting. Im furious they have asked me to cone to the meeting and to state why i shoukdnt be given the first and fonal warning. What can i say? To stop this and can they legally say we find the balance of probability that i was untruthful in my repirt. Please advise thanks Michelle James
Submitted: 5 months ago.
Category: Australia Law
Expert:  Daniel replied 5 months ago.

Hello
Quite an upsetting situation to be in.

At this point, if they dismiss you, it appears to be unfair. You can file an application to the fair work commission and lodge an application for unfair dismissal.

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

In respect of still being employed, you can surely argue that your statement is correct. Surely there is other evidence you can rely upon? CCTV and the like? Witnesses?

A real issue here exists as to duty of care?

With the meeting, you can have a solicitor / support person there to help you and hold to what you have alleged as being truthful.

Expert:  Daniel replied 5 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 5 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 5 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 5 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 5 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.