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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44346
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I want to know if it's possible to fight an allegation of

Customer Question

Hi Pearl. I want to know if it's possible to fight an allegation of misconduct in the workplace. And prevent it from going on my personal record.
JA: What state are you in? It matters because laws vary by location.
Customer: NSW
JA: Has anything been filed or reported?
Customer: I have received a letter from my manager. My hearing is in half an hour.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Can't think right now.
Submitted: 3 months ago.
Category: Australia Law
Expert:  Leon replied 3 months ago.

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Expert:  Leon replied 3 months ago.

Good Afternoon

It is always possible to fight an allegation but you have to have evidence.

If they have not give you the right to have a third party and not enough notice you cannot be summoned to go in in 30 min for a meeting.

You have a right to have an independent support person with you.

Customer: replied 3 months ago.
Hi Leon,Thanks for your reply. They had evidence, and advice from independent HR consultants. I will find out today whether I will receive a written warning or be let off.Regards
Customer: replied 3 months ago.
Oh and my boss did the right thing. Gave me 36 hours' notice and the opportunity to have a support person in the meeting with me, so it's all covered on that front.
Expert:  Leon replied 3 months ago.

Good Morning.

If you are unhappy about the letter and you dispute it you do not have to sign it and have a right to take it to Fair Work.

All the best and good luck

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. 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

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