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What is the procedure following a complaint against an employee…

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What is the procedure following...
What is the procedure following a complaint against an employee for a misconduct matter in the workplace, like loud protest that might appear to some to be threatening?
Does the employee being complained against have the right to see the alleged complaints made against him/her?
Does the allegation have to be proven before the employee can be dismissed?
Is there a procedure like/
1) Warning
2) Mediation and counselling
3)second warning
4)dismissal?
Submitted: 8 years ago.Category: Australia Law
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Answered in 6 hours by:
6/29/2010
Solicitor: Brisbane-Lawyer, Solicitor - Admitted 2005 replied 8 years ago
Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
Verified
[QUOTE] What is the procedure following a complaint against an employee for a misconduct matter in the workplace [/QUOTE]
What I recommend you do here is have this employee make a complaint to the Fair Workplace Ombudsman on the basis that his workplace rights have been violated. I recommend that he call 13 13 94 and make a complaint about this.

Once he has given the Fair Workplace Ombudsman a call, he should talk to his employer and tell his employer he has spoken to the Fair Workplace Ombudsman and that he believes his workplace rights have been trampled, but that he are still willing to negotiate a resolution to this problem. However, if this doesn't work, then he will need to put his concerns in a letter to his employer (be sure he keeps a copy).

If the the letter doesn't get the result he is after, then he will need to fill out a complaint form which can be posted from the Fair Workplace Ombudsman. When he calls 13 13 94 he should ask them to send out such a form.

His complaint may result in an investigator coming to see this employer just to make sure workplace laws have been complied with! Threatening employees is against the law, so if the investigator finds that this has occurred - fines and other penalties could be applied.

If my answer has been helpful or informative, please press the green Accept button. I am also able to answer further questions after accepting.
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