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Category: Employment Law
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Experience:  Contracts, Wrongful termination and discrimination
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Am I as a Canadian required to respond to an inquiry from the

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Am I as a Canadian required to respond to an inquiry from the Australian Human Rights Commission?
Hi,

Thank you for your question.

This all depends on whether you are under Australia's jurisdiction. The simple fact that you are a Canadian citizen does not control.

How did the inquiry from the Australian Human Rights Commission come up?

Do you conduct business or own a business in Australia?

What are your connections to Australia?

You state that your question relates to Arizona...how so?

I look forward to hearing back from you.
Customer: replied 4 years ago.

How did the inquiry from the Australian Human Rights Commission come up? I worked for an American company and established an office for them in Sydney in 2008. In 2009 I was let go because the Australian company was not performing as expected. At the time we had also fired the then GM. During this stage we found out about a relationship taking place in the office between 2 employees where they were having sex in the office. Both were terminated. They then started pointing fingers at each other and then pointed fingers at me. I had in fact tried to support both of them in as many ways as I could and in hind sight should not have. It got messy and I was terminated.

Do you conduct business or own a business in Australia? No, worked for an Arizona company that did.

What are your connections to Australia? See above.

You state that your question relates to Arizona...how so? My mistake, I just live in Arizona

How did the inquiry get to you? Did the Australian Human Rights Commission send it to you directly?


To whom is the inquiry addressed? To you personally, to the American Company, or to you as an employee of the American Company?

-ZDN
Customer: replied 4 years ago.

How did the inquiry get to you? Did the Australian Human Rights Commission send it to you directly? I received an e-mail this week -


 


"


I am writing to you at this email address as I am required to send some information to you and I would prefer to send it directly to your personal postal address or private email address.


 


It would be appreciated if you could confirm that this is the best email address to contact you on. Alternatively you can provide your contact details to me (postal, email and phone number) or you can ring me on +61 02 9284 9786 to discuss.


 


Regards,"





To whom is the inquiry addressed? To you personally, to the American Company, or to you as an employee of the American Company? To me personally

At this point, you are not required to respond. However, this is mostly likely to do with some sort of employment claim one of the couple having the office affair filed. The Commission is seeking information from you as a witness.

As the inquiry is informal, you are under no compulsion to respond at all.

Because Australia's jurisdiction over you would be tied to your employment there, it is highly unlikely that you would be subject to a lawsuit. The only time you would have to answer is if a the Commission issued a subpoena, obtained an order from an Australian Court to send what's called "letters rogatory" to an American court requesting that the court in Arizona issue a subpoena. That's very unlikely to happen in this case.

At this point, you do not have to answer if you do not want to.

-ZDN
Customer: replied 4 years ago.

Ok. Thank you. I will be back in touch if anything more comes up.

You are very welcome. Please go ahead and rate my answer positively so that I might be paid for the website for my time on your answer today. This won't preclude you from responding back here later on if anything else comes up and I'll be happy to answer any other questions regarding this matter that you may have.

Thanks,
ZDN
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