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Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5599
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I am trying to fight a false allegation made against me by

Customer Question

I am trying to fight a false allegation made against me by my ex-husband to my employer 18 months ago, accusing me of using drugs. We have been going through a 2 year custody battle for my daughter - due to his vindictiveness and attempting to build a case for family court and ruin my career, he made several fabrications about me. I was internally investigated by an Ethical Standards dept who found no grounds criminally and concluded no findings regarding his accusations. Now an internal Workplace Relations Dept has investigated the same allegations and are saying these are now substantiated due to there investigative tool based on a 'balance of probability'. So I am wanting to know how to fight this? They are saying I have used drugs when I haven't, they were given a photo by my ex who states it is me in the photo, which it is not. I have done supervised drug screens since 2010 when Family court first commenced to prove him wrong every time he tried to claim the same lies.
I was told this misconduct file will stay attached to my employment file and adversely effect any promotions, secondments or upgradings I may wish to undertake. Plus it may impact of any higher earnings if I am not chosen for a position I apply for. I have been with this Govt organisation for 7 years with an impeccable work record.
I do not partake in drugs or have historically, so I feel it is grossly unfair for this allegation to be substantiated. Can you supply me any advice regarding an avenue I could take to clear my name.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.

I would not be concerned for these issues he has raised in the past.
In family law matters, he would be seen as a negligent father and raised all these issues now, rather than take issue with it them, and remove children from you if you were that much of a drug addict.
Even if you were then, it was 18 months ago.
I suggest taking a drug test now, provide it to the court to show that your clean.
Even if you were a terrible employee, what does that have to do with your parenting?
He is wasting his time.
I understand family law matters are emotional, but these factors have little or no bearing as to what parent you are.

Customer: replied 1 year ago.
This has been dealt with in the family court now.
I require advice for how to deal with my employer...who are substantiating the false allegation due to the balance of probabilities. Which will affect my professional reputation within the organization I work for which will make it harder to climb the corporate ladder, due to a false misconduct finding. How do I fight a substantiated allegation that is not true?
Expert:  Daniel replied 1 year ago.

Are you still at the employ?
I would suggest that the time to remedy this has already passed?

Expert:  Daniel replied 1 year ago.

I am happy to assist further if need be.
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