WA My Supervisor Told Lies About Me Resulting in Unfair Dismissal?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
7 June 2018
3
0
1
This supervisor is a bully and not fond of women working in mining. I was the new kid on the block so I was constantly being pulled into the office for petty things. I learnt to shrug it off.

I never showed that I was annoyed. My 3 month review came and went and then I was called into office about an incident. An hour later, I was dismissed over the phone. I had a mediation with Fair Work Australia, this was when all the stories and lies were told to me.

I was told that I had been deceitful, a liar, rude to my supervisors, a bad work attitude and that I didn't do a vehicle pre-start when I did. I got sacked for the pre-start. This person talked about my dismissal to the supervisor of the company we were contracted to and convinced everyone at head office that I was not to be trusted and lied all the time.

I was absolutely devastated. It broke my heart as I have always been professional and work to a high moral standard. This man has caused me so much stress and financial trauma. He has trued to damage my reputation as a person and a worker. I have witnesses to help my case. I wish to sue him for taking my livelihood, unfair dismissal and for the huge emotional toll it has had.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
Take yourself to a lawyer who deals with defamation. You may need to ring around as not many handle defamation cases.

It is not promising though if you lost at Fair Work Commission and couldn't prove lies were being told about you.
 

DMLegal

Well-Known Member
28 May 2018
187
33
514
Did he say anything defamatory outside of the Fair Work hearing? What was said at the hearing is privileged, so cannot be used against him, but gossiping around the workplace is different.
 
7 June 2018
3
0
1
He wasnt at the hearing. He told lots of lies while i was working which in turn got me sacked. Ssying things like... my bad work attitude etc etc
 

DMLegal

Well-Known Member
28 May 2018
187
33
514
Sorry but how does a supervisors comments get you sacked? Did he make them to a manager (or someone higher than him)?
 

DMLegal

Well-Known Member
28 May 2018
187
33
514
Makes sense, the issue is proving that what he is saying is defamatory and not an honest opinion. Saying someone has a poor work ethic etc. isn't defamation if it is his honest opinion, no matter how untrue it is or how much you disagree. Saying you had been stealing from the workplace is different, that would be defamatory. I suppose the pre-start issue could be considered defamatory if he knew it to be false, but I don't think it could be said to ruin your reputation (that alone I mean). What is happening with the Commission, anything after mediation?