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I received some information from an employee that they have…

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I received some information...

I received some information from an employee that they have asked for me to keep confidential. I have encouraged them to contact our HR department to discuss the matter and seek clarification and support as I believe it’s a breach of the NES. They have sought advice externally confirming the seriousness of the matter and the enormity of the breach. They are reluctant to speak with our HR, but may yet do so.However, I’m not sure where I sit when it comes to knowing about this information. Do I have an obligation to disclose this information to our HR Dept? The information was told to me out of work hours due to the worker being in such a highly distressed state and contacting me for support. I am not their Line Manager. I do realise that if I were to disclose the information this worker would be highly distraught. I expect there will be some seriously negative repercussions for myself from a number of other workers if HR are compelled to act on the information.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Queensland

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Part time for the employee, i'm fulltime

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No i dont think so

Submitted: 8 months ago.Category: Australia Law
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Answered in 7 minutes by:
11/14/2017
Solicitor: John Melis, Lawyer replied 8 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,282
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly. Kind regards ***** *****

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Solicitor: John Melis, Lawyer replied 8 months ago

What is your position in the company ?

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Customer reply replied 8 months ago
I'm middle management
Solicitor: John Melis, Lawyer replied 8 months ago

What is the seriousness of the issue involved ?

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Customer reply replied 8 months ago
Without prior consultation the employee was informed by their line management that they are being fired, not made redundant, for lack of money. The next day the employee was told by the same line manager that they will make a new position for them but they will not be better off. I believe it's a breach of Section 8 NES and an adverse action?
Solicitor: John Melis, Lawyer replied 8 months ago

As you are not the direct manager, and there is a HR department, in this situation you can either bring your concerns to their manager appointed or the HR department.

There are other issues of concern and I have extended a special offer to talk on the telephone if your prefer ?

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Customer reply replied 8 months ago
But do I have an obligation to the company to disclose or can I just leave it?
Solicitor: John Melis, Lawyer replied 8 months ago

This will depend on many factors.

I welcome you accept the special offer and we can talk on the phone which will make it easier.

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Customer reply replied 8 months ago
I can't talk on the phone. I'm at work in my lunch break
Solicitor: John Melis, Lawyer replied 8 months ago

Ok, you can accept the offer when you are ready and we can discuss this important matter by phone.

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