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I have resigned from my job after I was bullied by another…

Customer Question
I have resigned from...

I have resigned from my job after I was bullied by another employee and my boss did nothing.

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

No, this is a very small family owned business with Six employees (two being sons of the owner manager)

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No. I have been with the business for eight and ahalf years. Untill July last year I was a contractor and since July I am PAYE. I have worked different days per week over the time of my employment. Anything from one to four days per week. Since July 17 I have been three days per week. It is a retail floorcovering business.

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

I am not in a position to pay up front. I would want advise re if I have a case to sue my boss as I feel I had no choice but to resign as he supported my colegue and expected me to work alone with this person even though I had asked for an apologie and had not received it.

Submitted: 29 days ago.Category: Australia Law
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Answered in 4 hours by:
3/25/2018
Solicitor: Leon, Solicitor replied 29 days ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,249
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Solicitor: Leon, Solicitor replied 29 days ago

Good Evening

When did you resign and did you feel you had no other choice?

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Customer reply replied 28 days ago
I resigned on Monday 19th March after telling my boss (and showing it to him) a text I had received at 10.45pm on Saturday 3rd March. I went to work early to show my boss the text on Monday 5th March. The text read" I cant work with you anymore! Either you resign or I will". My boss asked what I wanted and I said an written apology. Previously I had been yelled at by this person. I had told my boss and he had not spoken to him about it, just told me not to pass on anymore measures to this person. I work in a retail floor covering business. My primary task is to serve customers, help them select products that suit their needs and then pass on to the salesman measure and quotes that I book in. I had one more text from this person (he and I worked together every Saturday since July 2017) accusing me "I everything ok with the supertuf carpet customer or am I going to get another talking too from Geoff" I showed this to Geoff and all he said was that he never gave him anything like a talking to, just asked him about his jobs. He did not ask this person not to send me texts or explain that it was him that had told me not to pass on measures. After Geoff told me not to pass on any measures this person was very short, rude and dismissive towards me. On Sat. 3rd March , I offered to show him a wedding photo of the woman with whom he had been working next to for the previous eight months and he declined. Out of sheer frustration at the way I had been treated all day and previous Saturdays I uttered a "get f**ked" under my breath. It was this night that I received the text.
I have since had texts from Geoff my boss, saying that there was fault on both sides and he thought it would blow over. He expected me to go to work the next Saturday with this person (only the two of us work on Saturdays) as if nothing had happened. I declined as I felt unsafe. After I received the texts from my boss I decided to resign. He had been too busy to get back to me earlier. After working for this family run business for eight and a half years I felt that this matter should have been taken more seriously by Geoff. I felt very unvalued.
My question is do I have grounds to sue my boss? I have been working three days per week since July 2017. Thank you. PS I am in no position to afford legal fees. It would have to be a no win no fee.
Solicitor: Leon, Solicitor replied 28 days ago

Good Evening

Your comments are an issue as well.

It is a difficult one but it appears your boss has failed you both by doing nothing. He has made the situation worse.

If you feel that they pushed you to resign and you had no other choice you can file an application with Fair Work for constructive dismissal.

Here is some information for you.

https://www.mauriceblackburn.com.au/about/media-centre/newsletters/employment-industrial-law/issue-20-2014/constructive-dismissal-resignation-brought-about-by-the-conduct-of-the-employer/

You have 21 days from the date you resigned to make the application

They should have had meetings to try and resolve the issues not have you make changes to the way you work without the other party knowing

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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Customer reply replied 28 days ago
Thank you. That was very helpful. I appreciate the prompt response.
Solicitor: Leon, Solicitor replied 28 days ago

Good Morning

You are very welcome.

Please do not forget to rate my work 5 stars so I can be paid for my work and continue to provide my services.

All the best and good luck

Regards

Leon

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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,249
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Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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