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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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My son who is a sales manager for a commercial truck sales

Customer Question

My son who is a sales manager for a commercial truck sales dealership for more than 6 years, with very good sales results and customer feedback. Unfortunatley, he has had issues with the regional manager which came to a head Monday of last week. My son rang the HR Dept to ask their advice and was told to see a doctor for a referral for some counselling as he was feeling very depressed and distressed. At the time it was his hope that he could take a few days and then with some form of mediation be able to return to his job ( a job he likes and is very good at).
After 5 days off with a doctor's certificate he returned to work Monday morning and was called into his Regional managers office to speak with him and a woman from HR. My son was told that all his comcerns about the way he had been treated were a complete misrepresentation of the situation and in effect, untrue and that he should withdraw the complaint and return to work yesterday.
Last night he was "accidently" cc'd a email between the regional manager and his boss saying that he hoped my son did not return to work this week. This left my son at a loss as to what to do next.
My sons job is paid predominantly by commission and thus is losing well in excess of half his wages which is having severe financial repercussions. This has resulted in him feeling far more stressed and depressed than when he took the advice to take a few days and to see GP.
Safe Work NSW told him that because a doctor has said he can return to work that it no longer has anything to do with them and that he should call the Fair Work Commission but when he called them he followed the prompts he was referred back to Safe Work NSW, as did the Fair Work Ombudsman when he rang them.
What advice can I give him in regards ***** ***** options. He wants and needs to get back to work but feels that he is being forced out.
I would appreciate your advice because this whole process is having significant negative repercussions on my son and on his relationship and I am very concered about him, partly because I told him he should contact HR in the first place.
Submitted: 10 months ago.
Category: Australia Law
Expert:  Leon replied 10 months 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 but a guide to assist you.

He has to return to work.

If they terminate him then he has the email to show unfair dismissal.

If he wishes to have mediation to see what can be done about resolving the issues he can ask hr to arrange it or fair work.

But as his doctor has said he can go back to work he has no option. If he does not then they can argue abandonment by him.

He should also be seeing a psychologist fro his depression because he also has to be doing something positive to try and feel better. All this is in his favour.

His doctor should have referred him.

What has he done?