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kmslaw
kmslaw, Solicitor
Category: Australia Law
Satisfied Customers: 195
Experience:  I have 15 years legal experience behind me and I graduated from the University of Sydney with First Class Honours in Arts/Law.
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Last week I was demoted at work. No prior warning was given

Customer Question

Hi, Last week I was demoted at work. No prior warning was given to me that I would have a meeting with HR and it was tacked on to the end of a HR meeting where I was support person for a member of my team. The reasons I was given for the demotion that I was given were because of my teams high absenteeism rate and also because I had a performance meeting in April (of which there was no disciplinary action taken and was all resolved). I have also been bullied by one of the other senior leaders who has told members of my team that I hate them via sms and that I dock their pay (payroll is nothing to do with me) and also that I have had numerous HR meetings and been caught out lying and have had disciplinary action taken against me (never had a warning or any disciplinbary action taken against me).
JA: Can you tell me what state this is in? And how long has this been going on?
Customer: Im currently home on stress leave trying to figure out what my options are and whether the demotion was legal. Im in Victoria and the bullying started in May and I was told I was being demoted last Monday (today was the first day I was supposed to be in a lower position). To save face they have not cut my pay BUT I have completely lost all responsibility and my job role has changed
JA: Has anything been filed or reported?
Customer: I tried to report the bullying and my Manager simply pulled the two of us in a room and said stop fighting (I 100% have not been fighting but he made it out like I was being a trouble maker). I did not attempt to report to that manager again because of fear of retribution (i really didn't want to lose my job). I also requested a meeting with our HR department but they just never got back to me.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No I think that's all thanks
Submitted: 2 months ago.
Category: Australia Law
Expert:  kmslaw replied 2 months ago.

Hello my name is***** am a solicitor who will help with your inquiry today. I will get onto your inquiry as soon as possible and advise you what to do. Give me about 45 minutes and I will see what I can do for you.

Expert:  kmslaw replied 2 months ago.

Hello and thanks for your patience. Your options are:

1. Resign from your position and lodge an unfair dismissal claim with the Fair Work Commission within 21 days on the basis that you have been forced to resign by the bullying; or

2. Stay in your position and lodge an application with the Fair Work Commission to get some orders to stop the bullying, which of course may heighten disagreements with them until it is heard but at least if you are off work due to stress, you can deal with it at a distance.

Here is the page on the website of FWC that should help you lodge an application to stop the bullying. I hope that has been helpful. Best of luck with your endeavours.

Customer: replied 2 months ago.
Thank you for your prompt reply.I will have a look at the information you suggested and go from there.
Expert:  kmslaw replied 2 months ago.

I'm glad you are happy with the service. Is it possible you could rate my answer and come back to us later if you have any further questions? Thanking you. Kylie

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