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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22156
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Hi last year I was assualted and injured on my job by a volunteer

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Hi last year I was assualted and injured on my job by a volunteer train operator and ended up on ACC. The employer - council - did not investigate. This week i was assualted again - twice by the same person who assaulted me last year. Because the man pushed me over on the second time i defended myself and pushed the man back. I phoned the police thru 111 call. My employer has verbally told me they are considering me for serious misconduct. What are my options?

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : Did you make formal complaints the first time and subsequently? I mean to both the police and the employer?
christhelawyer : That answer will help with my answer.

Yes. I completed a health and safety form and advised verbally. I went on ACC. I also spoke to Health Office in council and no action was taken. I lodged a complaint with the police against the individual but they didnt persue the case for a couple months and I ended up not charging the guy.

christhelawyer : If the council are saying they want to discipline you they must believe the other person. We're there any witnesses?
christhelawyer : An employer has an obligation to provide a safe place to work, and if you have been assaulted by someone who did this before, then the council are failing as an employer.

Yes a council worker - He only saw me defending myself - that is pushing the guy. He is a lions man. Last year the council told him he was not to approach or interact with me and to contact supervisor if there were any issues but this man doesnt follow the rules.

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