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WA Alleged Social Media Bullying

Discussion in 'Defamation Law Forum' started by Stacyking, 8 May 2015.

  1. Stacyking

    Stacyking Member

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    My partner has just been sent home with a stand down notice given to him by HR. He is being accused of social media bullying outside of work along with several other colleagues. He had nothing to do with creating the fake profile of the accuser who has since been off work claiming to be suffering from mental anguish. He's only fault was accepting the friend request, further more his superiors have questioned each team threatening them with their employment within the company unless they "dob" the person who created this stupid profile.

    Not only has this caused panic and stress at home, he's is worried it will affect future employment. He works in the mining industry.
     
  2. Ivy

    Ivy Well-Known Member

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    Hi there,

    Is there a reason why your partner doesn't want to name the person who is responsible for creating the fake profile?
     
  3. Stacyking

    Stacyking Member

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    Hi Ivy, because unfortunately he doesnt know who created it. Hes well aware of the gravity of the situation, just very worried he will loose his job and his reputation as an honest man. Thankyou for the reply
     
  4. Ivy

    Ivy Well-Known Member

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    Hi again,

    If your partner doesn't know who created the page, hasn't participated in the bullying and has explained this to his employer, then I can't see why they would have grounds to dismiss him.

    Hopefully this all blows over for him, I imagine this must be stressful. If the worst happens and he did get fired without any evidence of wrongdoing, then he could lodge a claim for unfair dismissal.

    In regards to the stand down notice he was given by HR: is your partner still being paid?
    Because legally a stand down notice can only be given when there is no work due to circumstances out of the employer's control such as a natural disaster, equipment break down or industrial action. An employee is generally not paid during a stand down period.

    Rather than a stand down, it sounds as though your partner has been suspended for the duration of the investigation. As such, his pay should continue during the investigation.
     
    John R and ClareB like this.
  5. John R

    John R Well-Known Member

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    I agree with @Ivy - Has HR provided any further update since the stand-down notice?
     
  6. Stacyking

    Stacyking Member

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    Thankfully yes! He is still being payed. The investigation is still continuing, his entire shift have been interveiwed but there has been no conclusion and hes still off work. Thanks for the advice Ivy. i will be sure to update with the outcome, great to know theres people out there to help!
     
    Ivy and John R like this.

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