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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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Im a superintendent and one of my employees has placed an

Customer Question

Im a superintendent and one of my employees has placed an harassment claim against another of my employees.
This was investigated by HR and another superintendent. I was called into the managers office with HR and given a letter with two allergations.
1. That I have been aware of what was going on and failed to address the issue in a timley manner.
2 I have been negligent in fulfilling my duties in regards ***** ***** Equal opportunity policy
I have supported the person and advised him on several times to make an official compliant which he finally did. now its all back on me, the company is trying to down size and pressure has been applied to get rid of people I feel im one of those Im 60 next year and I don't think I would find employment again if I loose my job
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

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.

Are the allegations correct and did you follow procedure of the company?

Customer: replied 1 year ago.
some are and some taken out of context and most of it he said. I have had HR reps with me during meetings with the employees. other allegations are about phone calls I've made to the employee. It was a situation between two employees I tried to solve I advised one to put a formal compliant in on several occasions.
I can scan the letters and my response
Expert:  Leon replied 1 year ago.

Good Afternoon

Did you make detailed notes about what was said in the calls?

But have you followed the procedures that the company has when allegations of bullying and harrassment are made?

Customer: replied 1 year ago.
no formal allegations were made only he said she said HR also told me nothing can be done with out a formal allegation, this is information resulting from the investigation
Customer: replied 1 year ago.
My response
Customer: replied 1 year ago.
Im pretty shaken up and concerned that I will say the wrong thing in my response
Expert:  Leon replied 1 year ago.

Good Afternoon

My concern is that they say the investigations have been undertaken and it is conclusive that the harrasment has occurred.

Were you interviewed during the investigation?

Customer: replied 1 year ago.
the only thing I said was I probably would have acted sooner and that I believed it was a demarcation issue between unions.
Yes the interviews are concluded
Customer: replied 1 year ago.
Is it worth trying to negotiate a payout and leave? the only leverage I have is I've been involved with some serious investigations that have ended up with people losing there jobs and some unfairly.
Customer: replied 1 year ago.
im not sure of the outcome of the investigation but I believe it will be proved
Expert:  Leon replied 1 year ago.

Have they had a further meeting with you to tell you what they are going to do?

Did you have a support person?

Customer: replied 1 year ago.
No first meeting this afternoon I have to respond by Friday-I was offered a support person at anytime but didn't use one yet, I ended up leaving because I was over whelmed by the situation telling HR I didn't hear anything she said in the last few minuets.
I have sent you my response
Customer: replied 1 year ago.
They told me Im not stood down but I doubt if I will get any sleep tonight
Expert:  Leon replied 1 year ago.

I would not send the response as it is.

Also ask for more time.

You should get more detailed legal advise and in order to get that you need to have the policy statement of the company and see what has been complied with and what has not.

This is a very difficult matter because they are alleging you have failed in your job to stop the harrasment. Your only defence that would get you out of this is that you have followed the procedure and therefor you have done nothing wrong.

They procedure should be in writing and all employees have to be aware of it.

If they terminate you for following procedure then you have a claim for unfair dismissal.

If you do not have the policy you have to somehow try and get a copy.

Also because of your stress levels see a doctor and get some time off work to calm down and also get your legal advise form an employment lawyer and have them present at the meeting.

The law society of QLD will refer you to a solicitor that can assist you.

But I have concerns about this. They make no mention of the procedures being followed or not but simply talking about what the employees have said.

I hope this makes sense?

Customer: replied 1 year ago.
They do say I didn't follow procedure in item 2 "You have been negligent in fulfilling your duties as Outbye super specifically for failing to ensure that the Equal employment opportunity-Discrimination Harassment and victimisation policy was complied with in your department". How can this be HR were with me at the meetings?
Expert:  Leon replied 1 year ago.

Did you document what happened at the meetings?

I have not got point 2 in their letter.

Customer: replied 1 year ago.
just the dates and meetings with who
Expert:  Leon replied 1 year ago.

Good Morning

The meetings with the employees that you took part in to try and resolve the issues