Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I would like to ask a few questions in regards to putting a…

HiI would like to ask...
HiI would like to ask a few questions in regards ***** ***** a worker into unreasonable performance implementation plan on a South Australian public sector employee.Is there any section in SA Public Sector Act to protect an employee from an unreasonable performance? Can you please explain how this section of the Act support the right of the employee without unnecessary threats and performance management? What is the underpinning principle or Act to delegate the power? What if they are not utilising the delegated power appropriately? What are consequences of rushing the process and is there any Act related to this?Is there any section of the Act that stipulates or gives negotiating power to an employee to take or delete a specific item from performance implementation plan? And not to be used in future.Is there any Act supporting an employee from a culturally diverse background at Australian workplace? In particularly Asian culture, as it is impossible for a worker from Asian background, 100% adapt to Australian culture and communicate like a European/Australian style who has first language as English? Unless, a person grew up in this society. How do you protect the employment from this discrimination or pre-judgemental view about the ability of people from diverse culture? Which section of Act clearly defines this and protect the workers from the culturally diverse background?Look forward to hear a response at the earliest.
Thanks
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 34 minutes by:
4/19/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,961
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.

Ask Your Own Australia Law Question

Good Evening

This sounds like a university assignment.

Is this an assignment for university?

Ask Your Own Australia Law Question
Customer reply replied 4 months ago
No. Real life situation!

Good Evening

Can you give me specific details in relation to what is happening.

Your question is asking about bullying, discrimination and intimidation.

Ask Your Own Australia Law Question
Customer reply replied 4 months ago
The organisation is doing some strategic performance improvement activities on staffs as part of the recommendationa from a commission. As part of that I am also being performance managed. They did once in 2016 and there is no reason to put all the items mentioned in the current performance improvement plan. This performance should not even be formalised which could have been achieved through regular supervision and mentoring. The supervisors were not capable enough to do this. So, I would like to negotiate this and delete some items which I do not agree with.
1. Professional assessment
2. Communication
There are sub-items to these mains heads. I just want to stop this work bullying, discrimination and intimdation using the system policy and procedures.

Good Evening

If you are being bullied and harassed you have to report it.

Make sure that it is in writing and you provide full details.

There is a State Act that does not allow you to be bullied and if you are, the employer has to act.

Here is some information that supports what I have just told you.

http://www.eoc.sa.gov.au/eo-you/workers/work/workplace-bullying

Make sure you formally let the employer know and if they do nothing you report it to SafeWork SA

Also being in a government department there should be detailed policies in place and you should get a copy and make sure you become well versed in it and find where they are failing to comply and put that in your letter.

If you are being discriminated against because of race, sex, religion or sexual orientation you are protected under the Discrimination Act.

Here is some information for you about discrimination.

https://www.safework.sa.gov.au/show_page.jsp?id=115380

There is a 12 month time limit on making complaints under these laws. Complaints will first go through a process of conciliation and, if they do not resolve, either to the Federal Court (AHRC) or the South Australian Employment Tribunal (for EOC matters).

Here is the link from the SA Handbook that explains the different discrimination for you.

https://www.lawhandbook.sa.gov.au/ch17.php

If you believe you are targeted for no reason it could be victimisation

But you have to collect the evidence and report it.

I would also suggest you request detailed information about why you are being micro managed. Try and do this without being aggressive and try and collect information.

You have a case but you need to do your background homework collect the information and then complain and if they do nothing take it further.

You cannot just make demands to change what they are doing. You have to show them they have no right and they are failing to follow their policies and the law and once you do that and they do nothing you can seek official intervention by courts.

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

Ask Your Own Australia Law Question
Customer reply replied 4 months ago
Where does Enterprises Bargain Agreement fit in this circumstances?

Good Morning

My apology for the delay.

The Enterprise Bargaining Agreement is the Agreement between the union and the employer that sets out the terms and conditions of your pay etc.

It does not deal with bullying.

It determines the employment hours rates of pay etc.

I hope this assists you with your further question.

Regards

Leon

Ask Your Own Australia Law Question

Good Morning

Is there anything else I can assist you with?

Ask Your Own Australia Law Question
Customer reply replied 4 months ago
I am bit confused about whom should I put this workplace bullying complaint on. Should this be a Manager or Supervisor or Senior Practitioner. All of them seem to be aligned. HR officer is also now a part of this performance planning. When I spoke to my GP, he said that I should be putting a workplace complaint if I want to claim work cover for stress leave. I haven't been to office for last 2 days. If I am making a complaint against Manager it would make more sense, as he is the main HR contact in the office and he delegates things. But would it be a wise move? He has only been in the office since July last year and as far as I understand he is on contract and not a well liked person in total. He has a serious issue with his diplomatic skills and not being flexible and always structured thinking. He has been considered as a Quality assurance person and that is his main focus. This does not mean he can bully or discriminate or victimise staff. Or I can talk or email my concerns or a complaint to our Regional Director who is above the Manager, and he sits in our office. I am unsure about which pathway I should choose. I just want to resolve this issue and conclude with some alternative practical agreements rather stringent action with the employer. The issue with this is, they will then argue that I have been in the department for 9 years and there are expectations. I do not know how to defend this statement. I have always been debating that regardsless of experience and expectation, I have been working with different types of clients and each day is different. I do not know this point is valid in terms of expectation. Sometimes, we cannot do what is expected due to the compliance of the client as our work is dealing with involuntary clients. So there is always double sided arguments. Do you what I mean?
If you are being bullied you report it to your HR department and name the ones bullying you . You feel that he is micromanaging you and there is no problem it is how he makes you feel and he has to make sure he is not bullying and intimidating you
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,961
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Leon and 87 other Australia Law Specialists are ready to help you
Ask your own question now
Customer reply replied 3 months ago
HiDoes Fair Work Commission consider stop-bullying order application from an employee at Department for Child Protection? If not I should approach Safe work. is that right?

Good Morning

Yes it does take on cases with Bullying in some cases but being in a state government department it has to be in the State Commission as does the human rights commission

Here is some information.

Work without harassment and bullying

If you think you're a victim of sexual harassment or victimisation, contact the Equal Opportunity Commission or the State Ombudsman.

You can make a complaint to the Equal Opportunity Commission if you believe that you have been victimised for:

  • using equal opportunity laws
  • making, or intending to make a complaint or report about corruption, misconduct or maladministration in public administration under the Independent Commissioner Against Corruption Act 2012
  • for providing, or intending to provide information to ICAC in connection with an investigation under the Independent Commissioner Against Corruption Act 2012
  • for making an appropriate disclosure of public interest information under the Whistleblowers Protection Act 1993.

Practical advice for employers and employees on dealing with the many kinds of workplace bullying and harassment can be found on the SafeWork SA website.

https://www.sa.gov.au/topics/work-and-skills/working-and-workers-rights/your-rights-at-work

Contact Safework SA and ask them if you are under the state system of federal.

You have to clear that up before you decide where to lodge your application.

If you are covered under the federal system then here are the links

Fair work

https://www.fwc.gov.au/content/rules-form/application-order-stop-bullying

Human Rights Commission

https://www.humanrights.gov.au/workplace-bullying-violence-harassment-and-bullying-fact-sheet

I hope this has assisted you with the further question.

Regards

Leon

Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Leon Your Own Question
Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,961
46,961 Satisfied Customers
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Leon is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

46,961 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,976 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,352 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
In my opinion I have been wrongly assessed by the college
Sir, In my opinion I have been wrongly assessed by the college and authorities in Mackay Base Hospital, with regards ***** ***** competency in Respiratory Medicine, having experience of 26 years in th… read more
John Melis
John Melis
Lawyer
Diploma In Law
3,352 satisfied customers
I think I've been bulling at work. I was a program
I think I've been bulling at work. I was a program coordinator at Community Organisation for about 9 years, then a co-worker stop taking to me. I had to give up managing the program and just keep doin… read more
John Melis
John Melis
Lawyer
Diploma In Law
3,352 satisfied customers
I am an nsw gov excess employee. I have read the excess
I am an nsw gov excess employee. I have read the excess employees policy:https://www.psc.nsw.gov.au/ArticleDocuments/615/D2011-07_Managing_Excess_Employees.pdf.aspxThey say I am not entitled or have n… read more
John Melis
John Melis
Lawyer
Diploma In Law
3,352 satisfied customers
I needed to know if u deal with incidents in Adelaide
Hi I needed to know if u deal with incidents in Adelaide australia … read more
John Melis
John Melis
Lawyer
Diploma In Law
3,352 satisfied customers
I have a friend who works for a company named WESTCARE and
I have a friend who works for a company named WESTCARE and they have been instructed to input their hours of work, sick leave, and time off taken via a computer each week in order to be payed. the com… read more
John Melis
John Melis
Lawyer
Diploma In Law
3,352 satisfied customers
Can my employer search threw my personal belongings inside a
Can my employer search threw my personal belongings inside a company owned vehicle … read more
John Melis
John Melis
Lawyer
Diploma In Law
3,352 satisfied customers
Do you answer questions regarding performance issues at
Do you answer questions regarding performance issues at employment in Government? … read more
John Melis
John Melis
Lawyer
Diploma In Law
3,352 satisfied customers
My child is 15 years old she lives with me she want to stay
My child is 15 years old she lives with me she want to stay with her grand parents in India me and my wife are separated but not divorced but my daughter doesn't want to stay with her mother … read more
John Melis
John Melis
Lawyer
Diploma In Law
3,352 satisfied customers
I have a question about sole custody. South Australia, We've
We've been in family court since 2013, the matter was filed, but he's not letting me see or speak to her now, his wife has also isolated me from speaking to her on the phone or face time etc. … read more
John Melis
John Melis
Lawyer
Diploma In Law
3,352 satisfied customers
Reference the up coming referendum to acknowledge all those
Reference the up coming referendum to acknowledge all those who claim a indigenous background as the first people's of Australia and to have this formally through legislation acknowledged as part of t… read more
Leon
Leon
Solicitor
Master's Degree
46,961 satisfied customers
Would there be specific / personal information on non white
Would there be specific / personal information on non white Australians who applied to come to Australia in approx. 1936/7. Why they were not granted access. My father was a Phillipino married to an A… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
Hi, my daughter has just wrong me distraught. She is 21, works
Hi, my daughter has just wrong me distraught. She is 21, works & lives in Melb for a Defence Contractor for Defence Recruiting. Her father & I live in Sale; I ex defence and my husband awaiting retire… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,976 satisfied customers
Restaurant Tips - commercial law and workplace law This
Restaurant Tips - commercial law and workplace law? . This is a case of an extraneous Hong Kong practice being introduced into an Australian public company workplace by an unusual sort of JV agreement… read more
Leon
Leon
Solicitor
Master's Degree
46,961 satisfied customers
I recently applied for a job with a local govt authority in
I recently applied for a job with a local govt authority in WA. Despite addressing all of the selection criteria and being told my application was of a high standard, no interviews were held and the p… read more
D. Coleman
D. Coleman
Solicitor
Bachelor\u0027s Degree
795 satisfied customers
Qld Gov got OK to reprint Constitution- Beattie Gov; How com
Qld Gov got OK to reprint Constitution- Beattie Gov; How come it changed the constitution without referendum, left it on table for one year, and passed in the second reading with changes, and diod not… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
I came to Australia last Sept 07 on visa 457 and my family
I came to Australia last Sept 07 on visa 457 and my family followed 3 mos. later. We became permanent residents (PR) last June 2009. Since my wife is not working, we filed for government support. For … read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers
My company is not paying redundancy pay despite working for
My company is not paying redundancy pay despite working for them for 2 years, I should be entitled to atleast 7-8 weeks pay. They are not paying on the grounds that we are exempt from the redundancy p… read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers
IF A PREGNANT WOMEN DOES NOT WANT HER BABY - AND HAS DECIDED
IF A PREGNANT WOMEN DOES NOT WANT HER BABY - AND HAS DECIDED TO GIVE IT TO HER MOTHER FOR 5 YEARS TO RAISE, DOES THE FATHER OF THE CHILD HAVE ANY RIGHTS TO DISPUTE THIS DECISION - THE PEOPLE INVOLVED … read more
D. Coleman
D. Coleman
Solicitor
Bachelor\u0027s Degree
795 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x