NSW Employment Law - Stood Down Due to Serious Allegations?

[Apollo13]

My friend has been off work for the past 3-4 months (for medical reasons) and was due to return to work in two days time (after the public holiday). This afternoon, his place of employment attempted to contact him (shortly before closing time) and left a voicemail stating that some allegations had been made against him, that he was not to return to work and that they would send him an email with more details. He was also advised not to call any staff or clients of his workplace.

He received an email a few hours after, with an attached letter stating that several serious allegations had been made against him and that he was stood down while these were being investigated. The letter further stated that he could not contact staff or clients in a professional or social capacity, could not venture on work property, and that he would be contacted later with any next steps.

I have a couple of questions that I'm having trouble finding answers for.

1) Does he have a legal right to know what these allegations are, and if so, how should he go about finding out?

2) I've been trying to search reasons for why someone can be stood down, and it appears that he shouldn't have been stood down - rather he should have been suspended. Am I understanding this correctly?

a. Would the employer therefore have to rewrite his letter with the correct wording?

b. Would he be entitled to pay? He is on a traineeship program.

We are quite baffled by this and struggling to think of what these serious allegations might be. Being the eve of a public holiday is adding to the stress as he won't have any answers for at least 2 days.

Any employment law help would be greatly appreciated!

 

[Rod]

1) Does he have a legal right to know what these allegations are, and if so how should he go about finding out?

2) I've been trying to search reasons for why someone can be stood down, and it appears that he shouldn't have been stood down,rather he should have been suspended. Am I understanding this correctly?

a. Would the employer therefore have to rewrite his letter with the correct wording?
b. Would he be entitled to pay? He is on a traineeship program.

1. Not necessarily. What steps the employer takes next has to be managed carefully by them to avoid an unfair dismissal claim. There are many steps the employer may/may not take that can result in a unfair dismissal claim. Important your friend now documents all contact with employer in case things turn for the worse.

2. Yes.

a. Don't worry about the rewording, just don't lose the letter. It may be important as evidence the employer has done the wrong thing depending on what happens next. BTW work is unlikely able to tell the worker who he can or can't see in a purely social setting (eg cricket team) however the employee must not discuss his employment status with them.

b. Yes, unless his employment contract/award/statute says otherwise. Employee should be ensuring pay continues while suspended.

Important your friend does nothing silly at this stage as he may provide separate legitimate grounds for a dismissal.