NSW Employment Law - No Procedural Fairness in Workplace?

[Grakat]

Good afternoon,

My wife today has received a written warning for something that she would easily be able to disprove if procedural fairness was followed.

Last week, she was verbally accused of not acting appropriately in a WHS matter. This was denied, and information was supplied verbally to refute the allegation. Today she was asked to attend a meeting where she was told that she would be receiving a first and final warning. My wife said that she emphatically denied the allegations and that if she was afforded procedural fairness as per the companies policy this would not have occurred.

My wife requested a support person however this was denied. She was then yelled at and prevented from leaving the meeting room. One of the managers told her that he was instructed to terminate my wife 6 months ago. At the meeting one manager yelled at my wife at such a volume that people outside the meeting room would have heard it. There have been other changes at her work specifically targeted at my wife.

My wife has been employed with this organisation for 9 years. in that time the role went from 3.5FTE to 1.5FTE however the workload increased.

Can anybody give me any assistance under employment law? What can I do? My wife is trying to find alternative employment but that isn't a quick process. I also believe that businesses cannot conduct themselves in this way.

Regards

 

[Rod]

This qualifies as false imprisonment - if you want to pursue the matter

She may make a bullying claim but as she has not yet been sacked then no other claim seems likely.

Your wife should be taking detailed notes as I suspect things are likely to get worse. Record date/time/place, people present, witnesses, details of behaviour and details of conversations. It may come in handy in case they sack your wife before she finds another job.

*wonders if company is trying to avoid Long Service Leave obligations. Not sure of rights to LSL in NSW.

 

[sammy01]

Quit... Leave. I work for an employer who has really good policies and procedures around complaints etc. After 15 yrs in the one job a new boss arrived and within months I was being told my work was not good enough... Mate they made my life terrible.... I put up a good fight and every time I'd catch them out... Something new would arise. So I wind up in the bosses office - called to a meeting. BUT no support person and no time to find one... When I challenged the boss on that she explained it was not a meeting it was a conversation... I ask the boss to read from the policy/procedure... I had the boss, she had no-where to go. She refused to read from the policy, refused to acknowledge it.... I got flustered and said something like - These are the polcies, you are the boss, if you cant follow the rules why should I... - That was taken as I had admitted to being in the wrong AND that I had accused her and as such I was now in strife for harassing and intimidating the boss....

Honestly, it was one of the worst periods in my life... Funnily enough I got out. I work for a huge govt department. So I left that branch and moved elsewhere and have since been offered a promotion.... But I strongly encourage your partner to get out. Taking the fight to them will only cause your partner grief.

 

[Clancy]

I have had to give out official warnings in my job and the official warning letter MUST entitle an employee to have their rebuttal attached and filed with the document. If not, then it is not an official warning letter and cannot be used as part of the dismissal process..... Nice little unfair dismissal case brewing for you here!