QLD employer vicariously liable - employees can't testify

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CherylB

Member
5 October 2018
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Can anyone advise regarding this? An abusive ex-employee is suing our employer for wrongful dismissal. The employer did nothing while the abuse (verbal & sex harassment) occurred and the ex-employee is confident enough to sue because he knows the employer won't admit to the wrongdoing as he will be personally (vicariously) liable as well. The office ladies who were victims of the abuse weren't asked to submit a witness statement, so it looks like the court won't ever find out because the evidence is being withheld because of the vested interests of both employee and employer. The employer is hoping his own statement - a watered-down version of the facts - will be enough to win the case. He's not too worried about having to pay the ex-employee for wrongful dismissal as these costs will probably be a lot less than if he's found vicariously liable - FairWork fine, solicitor's fees etc.

My question is: Is there anything the ladies can do to present a witness statement to the court when they haven't been asked to do this by the employer? I'm assuming there aren't any options that won't risk their losing their jobs. Thanks.
 

Rod

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27 May 2014
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Is the action wrongful dismissal or unfair dismissal? They are different at law.

And what court?

They potentially can ask the court to join the case, but should only do so if they are likely to pursue their own actions otherwise they risk their jobs for no real advantage.

If the workers are on the side of the employer and want to go after the abuser, they may give up their right of action against the employer and then the employer can use them as witnesses. Suggest someone consults a lawyer to see what is possible.