NSW Employment Law - Issued a Final Warning by Employer?

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Samuel Martin

Well-Known Member
2 February 2016
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My employer sent an email saying: "this is your final warning", however I've never been given a warning before.

What are my options under Employment Law?
 

Rod

Lawyer
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27 May 2014
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1. Write back and say you have not had other prior warnings..
2. Start looking for a new job now while you still have this one.
 

Samuel Martin

Well-Known Member
2 February 2016
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Thanks Rod. I've already done that and finding new work is not easy. Especially when I can't do so within work hours and I'm a single parent. Isn't there some law that prevents this? Can't i make some kind of legal claim about unfair treatment?
 

Rod

Lawyer
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27 May 2014
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1. Isn't there some law that prevents this? 2. Can't i make some kind of legal claim about unfair treatment?

1. Not by itself. A pattern of bad behaviour may be illegal, but one incident isn't.

2. Maybe. But again one incident is unlikely to be sufficient to complain about.

To help protect yourself you need to put it on record there have been no prior incidents. Tricky area to deal with because an unreasonable employer may then see this a challenge to their authority. Much depends on how important the job is to you and the attitude of the boss. I'd not like to say anything that costs you your job.