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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Leon, I have received a formal warning from my employer

Customer Question

Hi Leon, I have received a formal warning from my employer because of fractured relations within an office environment. My employer has said I must sign this formal warning which will then go on my file and should further incidents occur it may be used against me in continuing my employment. I disagree with the findings of their investigation which warranted the formal warning as the Senior School Support Officer has bullied and intimidated my colleague and I for quite some time but this has fallen on deaf ears (the Catholic Church is notorious for this). Anyway, I'm rambling. Basically, I do not want to sign this formal warning as I strongly disagree with the findings regarding the allegations put forward. Can you please give me some advice.
Lorraine Roche
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Evening

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

If you do not agree with the contents in the letter you are not obligated to sign it. You can seek that they make changes and if they do you sign when you are happy with the letter.

Have you told them what the issues with the letter are?

Customer: replied 1 year ago.
I had a meeting with my Principal and School Consultant from head office in Wagga. I went in with a list of issues I had with the letter, however when I asked for clarification or if they could give me examples, the schools consultant said she wasn't there to answer my questions and the meeting was stopped. 2 weeks later I was issued the formal warning. In one example, the letter stated that some of our issues were "frivolous" however when I asked which claims of bullying they thought were "frivolous" they would not answer.
Expert:  Leon replied 1 year ago.

Good Morning

You have to ask for changes to the letter and have items you want removed.

If they don't and the sack for for failing to sign that is co-ersion and you can sue for unfair dismissal.

They cannot force you to sign anything you do not agree to.

I hope this makes sense?