NSW Employment Law - Threatening and Intimidating a Colleague?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Mss X

Active Member
2 February 2019
12
1
39
Hi dear legal people,

I work in a large bank and this is the best job I have ever had, the job of my dreams. Really don't wanna lose it. I said something rude a colleague and by her answer, I realized that she didn't like it. I was being openly rude and intimidating. The next day, after I gathered enough courage, I apologized. She accepted it.

I am very worried that she will report me and that I will lose my job. There were another 5 people who were there. It has been 3 weeks since then and I can't stop thinking about it and don't sleep properly. Please help with opinions on employment law. I was threatening that I would injure the lady if she doesn't start treating me better.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
Glad you recognised you did and said the wrong thing.

Put it behind you and move on. Until someone takes action against you there is probably nothing you can or should do. The longer it is, the better for you.
 

Mss X

Active Member
2 February 2019
12
1
39
Glad you recognised you did and said the wrong thing.

Put it behind you and move on. Until someone takes action against you there is probably nothing you can or should do. The longer it is, the better for you.
Thank you Rod. Can you please explain "the longer it is the better for you"?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
It means the more time that passes, then the lower the odds of the employer taking any action against you.
 

Mss X

Active Member
2 February 2019
12
1
39
It means the more time that passes, then the lower the odds of the employer taking any action against you.
Why is this the case? Can't the employer take action at any time, for example in a month, or 2 months?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
Yes they can, but the odds of them doing so decrease over time. If they considered the matter to be serious then they likely would have talked to you by now.

Better to focus on your job, doing the best you can and not think about what may happen tomorrow.

You are likely young and foolish so consider this a life lesson and put it behind you.

But post back here asap if something does happen.

Recommend you also join a union.
 

Mss X

Active Member
2 February 2019
12
1
39
If they considered the matter to be serious then they likely would have talked to you by now.
I don't think anyone has reported it yet. If they do eventually in a month time or so, should I say I don't remember the event because it was a long time ago?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
Better to say 'no comment' rather than lie. You would need time to respond and properly explain your side of the story.
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
2,452
514
2,894
Gold Coast, Queensland
lawtap.com
'No comment' is a comment in itself. It's better to say, "I'm not prepared to make a comment at this moment, but reserve the right to do so once I have sought legal advice".
 
  • Like
Reactions: Rod

Mss X

Active Member
2 February 2019
12
1
39
It has been around 6 weeks since the incident and no one has complained to the management yet. Do you think I am pretty safe now?