NSW Evidence - Protracted and Unreasonable Investigation Delay?

Discussion in 'Employment Law Forum' started by Charlie1712, 8 October 2018.

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  1. Charlie1712

    Charlie1712 Active Member

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    An investigation into possible minor misconduct gone on for over 13 months since the incident was first reported. No disciplinary action has been taken and employee has continued to operate as normal during this period.

    There has to be some legal principles involved such as condoning the actions by management, and unreasonable delay on the person's health.

    There has to be a legal right to a fair trial and procedural fairness as I think this constitutes cruelty and punishment towards the person alleged to have breached the code.

    Fair enough if it was a complicated or sting operation but for something relative straight forward where there was only 1 instance or tangible evidence provided (I cannot elaborate) it should not take 13 months to respond especially when it is a grey area.

    I think it sounds like a witch hunt or muck raking exercise?
     
  2. Rod

    Rod Well-Known Member
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    What do you want to happen?

    With so few details it is not possible to comment on whether 13 months is a reasonable period. It seems unreasonable at face value but with so little information this is pure speculation.
     
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  3. sammy01

    sammy01 Well-Known Member

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    ok - I reckon you're not gonna like the advice... Forget about it... It would seem the boss has. Sometimes these things just die a natural death. The boss doesn't want to close the case because if the complaint was found to have no substance the boss might be in a difficult position where the long time frame would give you cause for re-dress (which I'm sure you want) but not mentioning the thing and just moving on is gonna cause the least grief.
    Don't poke the sleeping bear...
     
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  4. Charlie1712

    Charlie1712 Active Member

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    Hi Sammy,

    Thanks for your advice - I did reflect on what you and advisor has said to me that prompting them could result in an unfavourable response.

    How long is long enough - 1 year / 2 years? The longer it takes the more it works in my favour as people move on and memories fade.

    Does the employer not owe me a common law duty of care to consider the impact that an unreasonable delay on my health?
    I at least should have been informed if there was going to be a delay.

    It is not criminal or serious misconduct and if it was it should have been acted upon when it was first reported.

    My health is suffering as a result of this matter.

    It can't die a natural death because I need to be cleared for future employment from any wrong doing.

    If it was unfair dismissal I understand I would have a case that the employer condoned my actions by not acting on it for 12 months before I was advised of suspected breach.

    I read up on judicial review and believe there are a number of grounds based on case law that I could argue successfully.

    What I am after is a general how-to guide on pitfalls to avoid when contracting a lawyer and options to take.

    I understand it can take a minimum of $20K to take the matter to conciliation and costs skyrocket if it does not settle.

    I need to do as much of the leg work as possible i.e. preparing timelines, evidence, background info to keep lawyers time down to keep my costs down.
     
  5. Rod

    Rod Well-Known Member
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    How is the investigation affecting your future employment?

    I suspect you are out of your depth using google to find a legal remedy for your situation and you'd benefit paying for an hour or two of a lawyer's time.
     
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  6. Charlie1712

    Charlie1712 Active Member

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    Thanks Rod as you said your not a lawyer and don't give out legal advice.

    I only respond to value added specific advice.

    It appears that you spend all your time responding to queries on this website without specifics.
     
  7. Rod

    Rod Well-Known Member
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    No-one on these forums gives out legal advice.

    Lawyers need information before giving opinions. You have failed to answer two very basic questions and I can't help without information, and neither can anyone else.

    If you want specifics - go pay a lawyer.

    I suspect the problem in your scenario is not the employer. Some self reflection is a good idea.

    Goodluck.
     
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    #7 Rod, 14 October 2018
    Last edited: 14 October 2018
  8. Charlie1712

    Charlie1712 Active Member

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    Post hidden and User banned - Breach of Community Guidelines
     
    #8 Charlie1712, 14 October 2018
    Last edited by a moderator: 7 November 2018
  9. Rod

    Rod Well-Known Member
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    There are some people that throw up red flags and I saw red flags on your post but tried to assist anyway. Ad hominem attacks seems to be your modus operandi. Is this why you have trouble at work?

    Oh well, thank you for confirming there are some people out there I must not take on as clients.

    Let's see:
    • You have a problem with your employer.
    • You have a problem with me.
    • You have a problem with this forum/site.
    Hmmm, wonder what the common factor in all this mess may be???

    To be blunt, get pysch help, not legal.
     
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  10. David1122

    David1122 Active Member

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    An examination concerning conceivable minor unfortunate behavior continued for more than 13 months since episode was first detailed, no disciplinary move has been made and worker has kept on working as expected amid this period...
     
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