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kmslaw, Solicitor
Category: Australia Law
Satisfied Customers: 210
Experience:  I have 15 years legal experience behind me and I graduated from the University of Sydney with First Class Honours in Arts/Law.
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One of my subordinates spoke to me in a very disrespectful

Customer Question

One of my subordinates spoke to me in a very disrespectful manner.
I reported that to HR, who have taken no action at all.
This employee was later made redundant and my department was restructured in a way that affects my career path.
I would like to ask about my rights here and if I should take this to Fair Work for compensation
Submitted: 1 year ago.
Category: Australia Law
Expert:  kmslaw replied 1 year ago.

Hello. My name is***** am a solicitor in NSW who will help with your inquiry today.

I'm trying to understand whether you are seeking compensation for someone speaking to you disrespectfully ***** ***** you want compensation because the department has been restructured.

If you are wanting compensation for being spoken to disrespectfully, ***** ***** only be able to seek such compensation if you can prove that others have been treated differently by HR and you believe this differential treatment is because of your race, disability, gender, or some other feature protected by legislation relating to discrimination.

If you are wanting compensation for the department being restructured, you will need to prove that your job is no longer being done by anybody, including you. You will need to consult the job description you were originally doing and see if it has totally disappeared as a result of the restructure. That is, to get redundancy pay.

There are other situations where you might be entitled to compensation but without further details about why you want compensation it's hard to advise. Perhaps you could spend more time letting me know what's distressing you.