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I own a small business I employ 6 staff I’m having trouble…

I own a small...

I own a small business I employ 6 staff I’m having trouble with a staff member who has separated with there partner. they have been employed for a number of years with me . The staff have all become friends out side of work, now they have got a new partner who is causing problems with the other staff. I have fired a staff a family member through the arguments but they still come into fill when I’m unable to get any other staff to work. The staff have come to me about the other staff member and there new partner and about how they trying to get fired so they don’t lose there Centrelink payment but they are causing the problems outside of work.then it comes to work because there discussing with each other.the new partner is threatening me with sexual harassment charges the problem is it is all hearsay but it is all leading back to wanting to get fired so they don’t lose there payments

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

Nsw

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

Part time

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

Not at this moent Moment sorry

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Answered in 5 minutes by:
11/16/2017
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,772
Experience: Principal Lawyer at Legal AU Pty Ltd
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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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do the staff have written employment agreements ?

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Customer reply replied 6 months ago
No

This is a step you should do in order to protect the employer from claims being raised by the employees for breaches of the Fair Work Act 2009.

The claims of sexual harassment are serious and need to be dealt with diligently.

Are you the only manger or is there another manger too ?

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Customer reply replied 6 months ago
No I have my daughters as managers as well I have spoken to the staff member previously about working with there expartner and the other staff member and stated they had no problem working with them.as stated I did fired member over another incident. This is all coming from the new partner via other members

What I recommend in order to avoid a claim being raised at the Fair Work Commission is that you place each employee under an employment agreement and hold independent consultation with the employee who has accused you of sexual harassment with one of your other managers.

I have extended a special offer to you to talk on the telephone if you prefer on this important matter ?

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Customer reply replied 6 months ago
It not the staff member who’s is raising the complaint it’s the partner through other means I’m holding a staff meeting tomorrow morning Saturday with all senior staff

ok, this is a good time to implement the the employment agreements.

In relation to the sexual harassment allegation where it is a third person non-related this must be addressed extremely carefully as such allegations could result in a claim of assault being raised.

Would you like to discuss this important matter by telephone ?

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Customer reply replied 6 months ago
Ok thank you

you are most welcome.

Have I answered your questions today ?

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Customer reply replied 6 months ago
I suppose

Would you like to discuss this matter on the telephone ? I have extended a special offer to you if you prefer.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don't for get to rate me for 5 stars as this will allow me to continue to answer your important questions.

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,772
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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