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I am not sure if this is the right avenue, I have a friend

Hi I am not sure...
Hi I am not sure if this is the right avenue, I have a friend who has had a workplace allegation made against him for saying something 'lewd' in front of 2 women, he said he said no such thing, and his union rep advised him he should resign on Monday as this is in his best interest....? I find this hard to believe as I believe every company has some sort of formal process to go through this with both parties, and they have not offered this to him...I am trying to find a way to help him not lose his job over an alleged conversation...
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: western Australia - and its a global company so I believe they would have something in place for these types of complaints - a formal process
JA: Is the employment agreement "at will," union, full time or part time?
Customer: he is full time - 5 years service, the ladies making complaint have been there for 6 months and are leaving in a month or so
JA: Anything else you want the lawyer to know before I connect you?
Customer: that ' that's the crux of it
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Answered in 5 minutes by:
11/24/2017
John Melis
Category: Australia Law
Satisfied Customers: 939
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Allegations like this situation need to be handled very carefully.

has a formal complaint in writing detailing the allegations been raised against your friend yet ?

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Customer reply replied 17 days ago
there has been a 2 sentence complaint on a piece of paper shown him - he has no idea if this has been formally submitted to the company, or mere bullying tactics to scare him into resigning

Your friend now needs to respond back in writing carefully.

Do you need help with this process ?

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Customer reply replied 17 days ago
they have spoken to him and verbally taken a 'statement' from him - he has not signed anything - the human resource officer basically said this is disturbing ( which I think is an over exaggeration) considering he didn't say this thing, and his union rep has said I will pick you up on Monday and take you in to hand in your notice??? suggesting to him it's his only option????

Would you like to discuss this important matter by telephone. It needs to be handled carefully with such allegations raised.

I have sent you a special offer to assist.

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Customer reply replied 17 days ago
I said he needed to submit something formal and include the higher up hr or ombudsman or something, I am trying to help him with a letter of response - he has seen a lawyer yesterday who pretty much said this is lame but it's up to you how you proceed..

protecting credibility is very important and it is not just about leaving the matter go. Action must be taken by your friend to defend such allegations.

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Customer reply replied 17 days ago
that's what I thought -- because regardless the 'rumour' is out - even tho they have said everything is confidential and if he doesn't formally maintain his innocence and just leaves - that will look worse - what concerns me is this business has not advised him of the proper workplace process involved with such things
Customer reply replied 17 days ago
sorry I'm at work doing this in between, neither of us has a computer

thats ok.

I recommend that you accept the telephone special offer I have extended and you will see my numbers and you can call me when you are free, does that help you ?

John Melis
Category: Australia Law
Satisfied Customers: 939
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
John Melis and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 17 days ago
Hi John
I don't see a number to call you?

numbers are displayed.

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John Melis
John Melis
John Melis
Category: Australia Law
Satisfied Customers: 939
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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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