Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

WA Employment Law - No Reason was Given for Suspension

Discussion in 'Employment Law Forum' started by lifeinoz, 10 November 2015.

  1. lifeinoz

    lifeinoz Member

    Joined:
    10 November 2015
    Messages:
    1
    Likes Received:
    0
    Hello,

    I have been suspended today. I was first informed by text and then a call but the manager would not tell me why I was suspended. They said that they would contact me in the next few days to arrange a meeting.

    Can they refuse to tell me what it is about under Employment Law?
     
  2. Serge Gorval

    Serge Gorval Well-Known Member

    Joined:
    2 November 2015
    Messages:
    176
    Likes Received:
    11
    There is no legal right to suspend an employee ( particularly without pay) unless there is a misconduct investigation, however allegations must be disclosed before the suspension, which is not the case here.

    In your case you have a potential constructive dismissal claim.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. Julia S

    Julia S Active Member

    Joined:
    12 November 2015
    Messages:
    8
    Likes Received:
    0
    I strongly suggest talking to a local employment lawyer.

    If it is a potential constructive dismissal claim you have a limitation of 21 days only to apply to the courts.

    Contact a local employment lawyer to see what you have to do prove a constructive dismissal claim.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  4. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

    Joined:
    28 April 2014
    Messages:
    2,040
    Likes Received:
    478
    I agree with @Julia S - time is tight, and you need a lawyer of the type described.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  5. Susan Lawson

    Susan Lawson Well-Known Member

    Joined:
    31 January 2016
    Messages:
    15
    Likes Received:
    1
    Contact Fair Work and put in a claim straight away. At worst, you will find out why much faster.
     
    Tim W likes this.
Loading...

Share This Page

Loading...
gt;