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In 2017 I took action against my former employer for

Customer Question
In 2017 I took...

In 2017 I took action against my former employer for workplace bullying to Fair Work Australia. The case concluded in my former employer giving me a 6 month severance package before the case was fully heard at Fair Work. I am now working at a partner firm to my former company and have daily interactions with them as we sometimes work on the same projects. Recently a new manager has started working at my former company and has started to make allegations against me; both to me directly and to my current compan

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

Director. I am being accused of taking IP and pricing lists from my former company, he claims that he has seem evidence on my computer. This is completely untrue of course. He has also told my company director that whilst I am employed with them, he will not work with them. This is effectively sabotaging my career.

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

The issue is not with my current company - it is with my former company who are making accusations against me about stealing IP. Plus a manager at my former company has told my current company that he will not work with them whilst I am there

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

No, that is essentially it. To summarize... I am being accused by my former company of taking IP which is completely untrue & my current company is being advised that if I am working there, my former company will not partner with them

Submitted: 3 months ago.Category: Australia Law
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Answered in 8 minutes by:
3/28/2018
Solicitor: John Melis, Lawyer replied 3 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,286
Experience: Principal Lawyer at Legal AU Pty Ltd
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Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.
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Customer reply replied 3 months ago
Thank you John, much appreciated. Interestingly enough, you were the person to advise me to go to Fair Work last year. I took that advise and received a settlement from SAP. Thank you for that - I am truly grateful
Solicitor: John Melis, Lawyer replied 3 months ago

you are most welcome

In you current situation of what you have described, it is bullying conduct that is occurring, and the employer is failing to protect you in the position you are in at the moment.

you have two options, try an mediate the issue with the employer or take action similar to what you did last time.

taking action will protect you in the current role, where as mediation may be used against you to have your forcibly resigned.

I suggest you consider the Fair Work option again.

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Customer reply replied 3 months ago
The issue is not with my current employer though. It’s the former company (SAP) who are making accusations to me and my current company, saying that I have stolen IP. SAP management have also told my current company that they will not partner with them if I’m still employed with my current employer.
Solicitor: John Melis, Lawyer replied 3 months ago

understand, but your current employer is obligated to protect your from the claims of your former employer. Bullying conduct also extends too third parties.

If your current employer is good to you, open up communication with your manager and explain the situation, and see if they can step in to stop the action that is occurring by the former employer.

if they do not, then you know you have to take direct action with fair work.

the current employer has an obligation to protect even where the conduct comes from a third party.

it is a tricky situation you are in and you have a legal right to be protected by the new employer.

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Customer reply replied 3 months ago
Ok makes sense. Should my current employer steps in and tries to diffuse the situation but it doesn’t work, what options do I have then?
Solicitor: John Melis, Lawyer replied 3 months ago

if your current employer fails to come in to help, then your only option is to pursue the Fair Work path.

Alternative of serious enough, you could bring a restraining order against the other individual that is causing the problem, but this may also create a credibility impact issue with your current employer when they find out.

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