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NSW Employment Law - Being Stood Down While Investigation is Pending?

Discussion in 'Employment Law Forum' started by Eliza Ann Lawton, 10 September 2015.

  1. Eliza Ann Lawton

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    I was called into a meeting at the beginning of a work day (Thursday) and told I would need to leave the workplace while an investigation was being carried out. I was told, both in the meeting and in a subsequent email that I would be given details that day with an opportunity to respond. The following morning, not having heard anything, I emailed my supervisor, who replied he was tied up in meetings all day, but would contact HR later than afternoon. On Sunday night, (in reply to an email asking if I was expected at work on Monday) my supervisor emailed an instruction to not attend the workplace until I was contacted. At this point I had been given no idea of the nature of the investigation.

    On Monday I wrote a letter to his manager stating that I did not believe the grievance procedures were being followed. This manager replied later that night that he understood the issue involved my treatment of staff under my supervision, and that the nature of the complaints was such that it was deemed necessary for me not to be present while they were investigated.

    At this stage, a full week after the initial meeting, I have received no more information. I have worked in this position for over 12 years, and the issue of my treatment of staff has never been raised before.

    My first question is, what is a reasonable time under Employment Law to elapse between someone being stood down and receiving information that would allow them to respond? My second question is, what would be an appropriate action to take at this point? I have sent a second email to the higher manager this morning asking for more information.
     
  2. Michael T

    Michael T Well-Known Member

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    How has it been going through the investigation process?
    Ideally, you'll get legal advice from an employment lawyer - see Get Connected with the Right Lawyer for You

    Did you also contact the Fair Work Ombudsman for their perspective?
     

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