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QLD Employment Law - Accused of Serious Misconduct After Termination?

Discussion in 'Employment Law Forum' started by Lotaofquestions, 12 September 2016.

  1. Lotaofquestions

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    Hi.

    I was working with my previous employer for 7 months. I had taken an annual leave week and had a meeting with my boss the day I returned due to needing to resign for personal issues. She told me to take a week off to think about it. During that week, I had tried to sign in to the company intranet site only to be met with an exit interview, which obviously meant I had been fired. She sent me a text the next day asking if I had thought further about my resignation, due to already seeing the exit interview. I just told her I was still leaving. I returned all company property the following day.

    I then received a payslip for the amount of $1465 1 x 8 hours worked and 39 hours of annual leave, however, I never received the payment. I had sent her numerous emails and text messages and didn't get a response. It wasn't until I emailed her accountant that she replied.

    She emailed asking me to come in to meet with her regarding final payment and that she is looking forward to seeing me. I had emailed back mentioning I can not make it due to the personal issues. I have now received an email from her 4 weeks after ending employment informing me I am to attend a meeting with her regarding serious misconduct, and if I do not show up she will report me to the police. This is the first I had heard of the misconduct allegation.

    Can you please help me on what to do from here with regards to employment law? I have been told by Fair Work Australia that I am not obligated to go to the meeting as this should have been mentioned before my emolument ended.
     
  2. Sophea

    Sophea Well-Known Member

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    Yes I would agree, sounds like an excuse not to pay you. Have you complained to the Fair Work Ombudsman about the non payment?
     
  3. Matthew Lynch

    Matthew Lynch Lawyer

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    You should also make sure the termination of employment is recorded as a resignation rather than a dismissal. It will make getting work in future easier.
     

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