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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5055
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I have just been suspended on pay from my employer BHP due

Customer Question

I have just been suspended on pay from my employer BHP due to an anonymous accusation that as a superintendent I did not investigate a concern that this individual had first supposedly raised with the site supervisor and then myself. I have never had this concern raised and there does not seem to be any evidence of when, how or where this person supposedly raised this issue.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: This is WA but there is more, were do I stand as this is hearsay. basically can I also request the detail of the complainant although the process allows for anonymous complaints?
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes I guess if there outcome is termination how would I stand to challenge the individual and BHP
Submitted: 1 month ago.
Category: Australia Law
Expert:  Daniel replied 1 month ago.

Hello
They need to provide ALL details as to the accusation, especially in circumstances where you have been stood down.
Demand this immediately.

I trust however, that they are just setting it up to terminate your employment.

Thus. you can claim unfiar dismissal here:

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

In respect of the matter, if they have no allowed you to respond, or for any other reason as to why it is unlawful / unfair, you will be entitled to up to 6 months pay and or your position back.

I wish to help you in this situation.

Expert:  Daniel replied 1 month ago.

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

Expert:  Daniel replied 1 month ago.

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

Expert:  Daniel replied 29 days ago.

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

Expert:  Daniel replied 26 days ago.

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

Expert:  Daniel replied 25 days ago.

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

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