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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44181
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hello, I did not expect someone to be available to chat to at this hour!
JA: What state are you in? It matters because laws vary by location.
Customer: I am in Victoria
JA: Has anything been filed or reported?
Customer: what do you mean?
JA: What confuses you?
Customer: On Monday I called a staff member into a meeting to discuss certain allegations which have been raised against him. He has been suspended with pay pending the investigation. During my investigation I have discovered a number of items of 'contradictory evidence' and I have asked the employee to attend a meeting to discuss these issues.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I contacted the employee at approx 21.30 this evening for a meeting at 11am tomorrow and he has advised that he is unable to attend until Monday.
Customer: replied 6 months ago.
The employee has since replied that he will attend a meeting on Friday at 10am. I have confirmed and asked for the details of his support person.
I met with him on Monday and went through the allegations with him, I have since evaluated some evidence and we have had a problem with the surveillance equipment motherboard and the entire history of surveillance has been wiped. Therefore it will be impossible to make a finding of fact about a number of allegations. My questions are:
1) Do I advise him that I am unable to make a finding of fact on those allegations that require the review of surveillance footage?
2) If the answer to question 1 is yes, do I withdraw those allegations and do I put that to him in writing
3) Based on his responses to the contradictory evidence, in the even that termination is recommended do I record information relating to questions 1 & 2 in the termination letter?
4) I have obtained information regarding the delivery/pick up of a package from the logistics company, which is essential to confirming one of the allegations. Are there any privacy law considerations about this?

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Good Morning.

You have to give them a reasonable amount of time to come to a meeting and calling at 930pm and asking them attend the following day is not appropriate.

You have to give them reasonable time and also the right to have a their party with them as a support person.

If you are relying on the surveillance material to make your decision you cannot proceed with the termination, you cannot terminate them.

If you terminate you need to have a case because they can file fro unfair dismissal and if you cannot back up your reasons you will have to pay compensation.

Any information you have received that will assist you you can use. He is an employee and it you deal with a logistics company and they have freely given you the information you can use it.

But if you need the footage and you do not have it you simply advise that due to the lack of evidence you are withdrawing the allegations.

This is all you have to say. You do not have to be any clearer than that.

You also have a right to change processes for all so that this does not happen again.

I hope this makes sense and is of assistance. if there is nothing further

Thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

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