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I have been subject to Performance Management meetings

Customer Question
I have been subject...

I have been subject to Performance Management meetings organised by my bosses. They deliberately withheld the purpose of the meeting then ambushed me with a supposed Privacy Breach. My boss slapped down a 12 page file open on P 11, with a section highlighted which he said proved that I had breached a debtor's privacy. My support person noticed I was looking ill and called for an ambulance and, after being assessed for 30 mins by the paramedics, they took me from work.

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

A former manager reached out to me and said that she had been instructed by the executive to get rid of all the account managers in her office, that they wouldn't pay redundancy and that she was to Performance Manage them out of the organisation. She refused and resigned in disgust. She said that the company has a team of lawyers based in Melbourne whose job is to deny each and every WorkCover claim and, using bullying and intimidation, get people to withdraw their WorkCover claim and to resign. She had been told by some of my colleagues about how I was being treated and she said that she was prepared to give evidence to the Fair Work Commission. (The last meeting had my Manager, his Manager and the Head of HR present.) I have spoken to my Union who have supported my WorkCover Claim

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

I belong to the Financial Sector Union. I'm not sure what the phrase "at will" employee means? I am a full time employee and have worked there since October 2016.

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

I am disabled.

Submitted: 3 months ago.Category: Australia Law
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Answered in 4 minutes by:
4/3/2018
Solicitor: Leon, Solicitor replied 3 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,722
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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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 3 months ago

Good morning,

is your former manager prepared to give evidence on what she has told you?

If you denying the allegations, then I would suggest that you bring an action against them for the way they have treated you with Fair Work Australia and you should have the union represents you as they will not charge you as you are a member.

If you are unable to go to work and your doctor feels your health is suffering I would suggest that you obtain a detailed medical certificate and take time off work.

But you are going to require your former manager to give evidence on what she was told otherwise it is he say and will hold up no weight.

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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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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