Australia Law

Have Australian Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Australia Law

I have been bullied by work sustained an injury on the

Customer Question
weekend related to work and...
i have been bullied by work sustained an injury on the weekend related to work and suffered a grade 3 clavical rupture, unabling me to work and have had job threatened and sustained further injury trying to stay employed plus dont think income protection available because for several years super not up to date.
and alot more incuding they know they cant sack me on medical certificate so are trying via a disciplanary meeting they have only given me 24 hours notice for and not enough time to have legal representation present.
and so much more
clint edwards(###) ###-####
Submitted: 2 years ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 23 minutes by:
8/31/2015
Solicitor: James D. Ford, Solicitor replied 2 years ago
James D. Ford
James D. Ford, Solicitor
Category: Australia Law
Satisfied Customers: 1,601
Experience: Consulting Principal at Nexus Law Group
Verified

Hi Clint

Where in Australia do you work? as in which state/territory?

The issue of bullying is serious, and perhaps we can discuss this over the phone.. (I will send you an offer of additional service) as you have rights to complain in this regard.

The issue of the unpaid super - can you please elaborate... if your employer has not paid your Super.. you can report them to the ATO, and the ATO will collect your Super on your behalf.

https://www.ato.gov.au/Individuals/Super/In-detail/Growing/Unpaid-super/

This unpaid Super, in no way impacts on your ability to obtain income protection, or workers compensation.

If you have a balance in your Super account, it would have been used to pay the income protection insurance premium... if your Super Fund offers Income Protection, and this is part of your membership.

With regard to the disciplinary meeting, your employer must always act fairly and reasonably.. including allowing you to have a support person present at any disciplinary meeting. It does not have to be a lawyer. If you want more time to select a support person or a lawyer, then write to HR requesting more time to do this.

If they refuse, it would be an example of them not being fair and reasonable.

Unless anything else has occurred previously, all they can do is issue you with a warning (which could be verbal or written), which must be very clear and specific regarding the conduct they allege has occurred.

Length of warning

Under unfair dismissal laws, there is no statutory period of time in which a warning (verbal or written) remains valid.

The period a warning remains enforceable will depend on a number of factors, including the seriousness of the problem and the nature of the offence.

Between three and eight months is usually appropriate, but will obviously vary depending on the circumstances, such as how often the criteria for satisfactory performance can be applied to an employee.

A ‘shelf life’ of a year or longer for a written warning would be considered extreme in most cases before a tribunal.

The warning should have a review date. When setting a date for review, the seriousness of the problem and the length of time the behaviour has been apparent will determine the appropriate length of a warning.

If the employee reaches the review date without re-offending in any way, the warning should be withdrawn and the employee’s employment record regarded as ‘clean’. If the employee re-offends or other performance-related issues arise after the review date, the employer could re-issue another ‘first’ warning with reference to the previous warning.

Please be aware that you DO NOT have to sign any record of the meeting they supply to you.

How big is the employer you work for? How many employees? If less than 15 than a special small business dismissal code applies... please let me know if it applies and I will send you a link to a copy.

Kind regards,

James

Ask Your Own Australia Law Question
Ask James D. Ford Your Own Question
James D. Ford
James D. Ford
James D. Ford, Solicitor
Category: Australia Law
Satisfied Customers: 1,601
1,601 Satisfied Customers
Experience: Consulting Principal at Nexus Law Group

James D. Ford is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Daniel

Daniel

Solicitor

5,800 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

James D. Ford

James D. Ford

Solicitor

1,601 satisfied customers

Consulting Principal at Nexus Law Group

John Melis

John Melis

629 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
I would like some advice on a pending civil court case which
Hi there i would like some advice on a pending civil court case which is to be held in Sydney on Tuesday. Quikfund vs Melita Pilch (me) can you help? … read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
I search for a solicitor titled CPD .... Brisbane, A title
I search for a solicitor titled CPD .... JA: What state are you in? It matters because laws vary by location. Customer: Brisbane JA: Has anything been filed or reported? Customer: A title for for unit… read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
Hie. Nsw. Bail. How's the best way to drop a police avo
Hie JA: What state are you in? It matters because laws vary by location. Customer: Nsw JA: Has anything been filed or reported? Customer: Bail JA: Anything else you want the lawyer to know before I co… read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
Can a legal document be signed and whitnessed online using a
Hi there. Can a legal document be signed and whitnessed online using a screen share like Zoom or Team viewer here in Australia? … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
NSW. In terms of what? we have been separated since 1 march
hello my name is*****: What state are you in? It matters because laws vary by location. Customer: NSW … read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
I just want to ask you. Me and my husband want to divorce
Hello there. I just want to ask you. Me and my husband want to divorce and we already separate more than 12 months. we both agree to make it really easy. I already fill the form divorce application on… read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
I need advice in regards to signing a workplace contract
I need advice in regards ***** ***** a workplace contract please … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
I am just wondering what the limitations on time for someone
Hi I am just wondering what the limitations on time for someone to be charged in Qld. There was a claim maid on a motorbike and the bike was stolen by a family member. The claim was never paid as the … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
Trying to find out if a Certficate of Deposit is a legal
Trying to find out if a Certficate of Deposit is a legal document … read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
We are experiencing getting back a bond from Ramada Suites,
We are experiencing getting back a bond from Ramada Suites, Darwin and would appreciate your advice on the matter. … read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
Three weeks ago I offered $1.7 m for a property in Tyabb
Three weeks ago I offered $1.7 m for a property in Tyabb (not an auction0 I was told three hoiurs layter that the property had sold for an "exceptionale … read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
My elderly mother died in Brisbane in a nursing home in June
Good evening, My elderly mother died in Brisbane in a nursing home in June this year. … read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
Not sure if this is your field i am inquiring about
not sure if this is your field i am inquiring about franchising laws … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
I was in a same sex de facto relationship for 45 years, my
I was in a same sex de facto relationship for 45 years, my partner died 4 months ago. We have 4 properties all in my name, I lost a court case they have PSSO on them, the Sherriff asked me if anyone e… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
My husband got an ABN number in my name without my consent
Hi there my husband got an ABN number in my name without my consent and withheld that information until I discovered it. Has he broken the law? … read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
I am in a Strata Titled duplex The back one. And I wanted to
Hi I am in a Strata Titled duplex The back one. And I wanted to know why the fence between us is not between the Garages where the 2 properties meet? … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
Who do i write the letter to at optus. where do i send it.
who do i write the letter to at optus. where do i send it. he can act in the next day or two? I'm worried.… read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
León, we have been speaking do you have an email address
hi león, we have been speaking do you have an email address that i can send to optus the letter to stop them from proceeding? please… read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x