defamation and unfair dismissal

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alex43

Active Member
14 July 2018
6
0
31
Hi,

I have been accuse at work by 6 women of harassment witch i didn't do I was hers manager i was making them work. they went to complain to the HR director on a Monday and on Tuesday I was fire for misconduct been take in the HR office with no say about my right or can have a support person with me i have to ask for it. When the accusation was done the HR didn't read an allegation just for her say so she could easily on one side, she mention she achieve an investigation i haven't been interview for this matter. the allegations are very serious it's about sexual harassment, i truly believe i have been unfair dismissal. But i would like to know what will be the best option to sue both the company how didn't done their jobs properly and the women how accuse with no prove too, I'm going to a phycologiste because all tgis situation make me feel i can't work any more with women and working at all my social skill are done the drain at the moment so if you could give me advice will be great.
 

Rod

Lawyer
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27 May 2014
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You have a chance for unfair dismissal.

i don't like your chances at defamation unless you have solid evidence.
 

alex43

Active Member
14 July 2018
6
0
31
Hi rod thanks, but how I can prove something if I don't event know the allegation it's a I said they said. I work in a supermarket with every inch with a camera. So if there is an accusation of it they must know time day and where? No
 

alex43

Active Member
14 July 2018
6
0
31
Sorry also can I claim a work cover for my mental illness because of this allegation. With no chance to explain on what I was accuse
 

Rod

Lawyer
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27 May 2014
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That's the problem you have trying to claim defamation. Start with unfair dismissal, see what evidence comes out and then, if there is evidence or facts pointing to evidence you can use, think about a defamation case.

re: Mental illness claim. It can be possible but I'm not that familiar with injury claims. At a minimum you need a diagnosed medical condition that the medical professional can definitely say was caused by work.
 

alex43

Active Member
14 July 2018
6
0
31
Hi I would like to ask a question during my probation a was an unpaid leave how this is add the the normal end date is it calculate as day taken and add until you arrive at the normal day if for example, you have take 10 days of unpaid leave during your probation this will add an extra 10 days on you normal ending date if you should finish on the 1 st of the month you should add another 10 days witch will be the 14 of this month. thanks for the answer this could change my case thanks
 

alex43

Active Member
14 July 2018
6
0
31
Hi I would like to ask a question during my probation a was an unpaid leave how this is add the the normal end date is it calculate as day taken and add until you arrive at the normal day if for example, you have take 10 days of unpaid leave during your probation this will add an extra 10 days on you normal ending date if you should finish on the 1 st of the month you should add another 10 days witch will be the 14 of this month. thanks for the answer this could change my case thanks
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,726
1,056
2,894
www.hutchinsonlegal.com.au
What are you trying to do?

Unpaid absences are treated differently for redundancy and termination purposes.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,726
1,056
2,894
www.hutchinsonlegal.com.au