QLD Alleged SERIOUS MISCONDUCT

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melsueme

Active Member
3 July 2015
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Hello and thank you in advance for any assistance you can provide !

I am an employee at a sales/property management real estate agency as a full time mon - fri sales assistant p/a role since February 2019, my probationary period of 3 months has expired however NO new contract had been signed, viewed or discussed

In my own personal Time/hours for extra money I also rent out student accommodation style rooms and properties (completely different area/properties etc) under my Abn for another real estate in which I only receive a one off let fees and don’t actually manage any properties after securing a tenant.

I have had my full time employment terminated immediately with no notice, warnings, discussions or proof presented
The excuses provided at the time were
“I have decided your employment is terminated as of right now” my response is why what did I do wrong ?
Employer “ I’m too mad to discuss this right now, you are always trying to change my business , you always seem to have “something” going on, you have been depressed lately and I don’t want that in my business”.
There was no mention at the time of ending my employment that any “misconduct” had occurred, no evidence presented. I immediately packed my things and left Tuesday 23/7 not hearing any further regarding what had occurred

I received the below letter on thurs 25/7, even though letter dated 24/7. The only event I used my personal email was to email myself payslips and never for any “business”.


I in time while employed at the above agency never used any resources, databases, clients for my own benefit, there is no proof of such or was I questioned about any of the above.

Proof can be provided in way of testimony from the student accommodation agency that my involvement with the agency is only letting under my Abn in my own time.

My employer is using the above letter to avoid paying for my accrued annual and 2 weeks termination pay.

What are my rights in this case ?
 

Rod

Lawyer
LawTap Verified
27 May 2014
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2,894
If there is less than 15 employees you cannot go for unfair dismissal.

There is no attached letter so can't comment on the letter.

Depending on the contract you may have a common law claim for breach of contract. Realistically, probably not worth fighting for at court.

You are entitled to your annual pay, which can be paid on the next pay cycle.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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2,894
Sydney
I agree, unfair dismissal may be available here,
if your employer is of the relevant size, and
you are still within time to make an application.

That said, you owe your employer a duty of complete good faith.
That can certainly include not doing (what looks like) a competing job on your own account.