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TAS Criminal Law - Previous Employer Pressing Charges for Malicious Damage of Property?

Discussion in 'Criminal Law Forum' started by Tipsntans, 20 April 2016.

  1. Tipsntans

    Tipsntans Member

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    Hi, I have a question.

    Firstly, I just recently quit my job due to involving my union into my place of work. This was a very awkward situation. I then had to deal with getting paid out my annual leave after being told I was not entitled to it. This created a very hostile meeting which resulted in my notice period being paid in lieu.

    1 day prior to this, I had used the filing cabinet which had keys in it but appeared to be jammed and I accidentally broke the drawer cover off trying to unjam it. I never reported this due to hostility in the workplace.

    I have now just been informed that the business owner has called the police about the damage and wants them to press charges for malicious damage of property.

    What do I do under Criminal Law?
     
  2. Rod

    Rod Well-Known Member

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    Nothing. The drawer was probably faulty and you just attempted to fix it.

    It is unlikely the police will do anything for something this small and may tell the employer it is a civil issue.

    If the police do want to have a 'friendly chat', be very very careful. Some people advise say nothing at all to the police. Others, if you are innocent, advise to co-operate and tell your side without embellishment. I don't know which way is better, each have their advantages and disadvantages and much depends on the attitude of the police.

    Don't panic and just wait to see what happens. Could take months before you hear anything at all.
     
  3. Tim W

    Tim W Lawyer

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    Hang on....
    You got your union involved in your workplace, and so you lost your job?
     
  4. Rod

    Rod Well-Known Member

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    Yes, sort of wondered about that but Tipsntans said he quit. Do Fair Work look at 'constructive' dismissals??
     
  5. Tipsntans

    Tipsntans Member

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    Yep. I was asked to do payroll but not to pay penalty rates. And some staff weren't even given award rates. So I involved the union. Unfortunately, the employer found out and told another staff member she would fire me for it. So the union advised the employer that dismissal because of that's is unlawful.

    Anyway, the awkwardness and constant lying to staff, telling them the union will close her down and they won't have jobs, etc., I willingly quit.

    Anyway, there was a witness to the filing cabinet, however, I imagine her friendship with the owner would have a different version of the events. The witness has been asked to go to court and lie for the owner before. Whether she did or not I am unaware of.
     

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