QLD Breach of Ethics - Legal Under Employment Law?

Discussion in 'Employment Law Forum' started by worriedwife, 11 February 2019.

  1. worriedwife

    worriedwife Member

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    My husband has been hauled up before HR for a second time in six months, alleging this time that he is defrauding his employer by not working enough ( mostly because he needs to go to the toilet a lot - health reasons) despite the fact that the work is done to the satisfaction of his immediate supervisor.

    We feel that this is steps towards having him dismissed for misconduct / under-performance, or pushed into resigning.

    This immediate supervisor, it has come to light, did not generate the letter in which these allegations are being made, despite his name being on the letter ( the letter / issue came from someone above him ), but also signed the letter without properly reading it beforehand.

    Is this legal under employment law? Is it ethical? I'm thinking that the company is on some very shaky grounds here.

    Also, how do we ask for more time to respond?

    We are in Queensland, if that is apropos. We both work for the same large semi-private health provider.
     
  2. Rod

    Rod Well-Known Member
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    Has your partner got a medical certificate explaining the need for more frequent breaks?

    If not it will be to his advantage.

    He will likely have grounds for an unfair dismissal claim if the employer dismisses him but better to avoid that happening in the first place if he values his job.
     
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  3. worriedwife

    worriedwife Member

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    Thank-you for your reply, Rod.

    Since I posted last night, my husband has decided to resign and look for other work - the stress from this is making him sick - and he doesn't want to work anymore for a company that treats it's employees like this.
     
  4. Rod

    Rod Well-Known Member
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    Maybe find other work then resign :)
     
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  5. worriedwife

    worriedwife Member

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    Ideally, yes. But the stress is making him ill, and we neither of us want him to have a 4th stroke. ( He has been incredibly lucky with the strokes - they were very atypical in their affects. )
    Even if he survived this HR adventure, he'd be wondering when the next one would come and what *it* would be about. Because there would have been a next one.
    He has quit, effective immediately, and his manager has said that he will get ALL of his entitlements.
    He feels a WHOLE lot better, and we'll manage. There seem to be a whole lot more jobs available now than when he was last made redundant 15 years ago, and when he finds a new job, he'll be available immediately. :)
    The situation still stinks to high heaven, though. :mad:
     
  6. Rod

    Rod Well-Known Member
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    Yep, I understand how you feel.

    Glad he is feeling better, health is more important than work.
     
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