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NSW False Common Assault Charge - Will I be Fired from Work?

Discussion in 'Property Law Forum' started by Danziggy77, 30 August 2016.

  1. Danziggy77

    Danziggy77 Active Member

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    Hi,

    I have recently been charged with common assault domestic violence. She said I grabbed her arm, which I didn't. She went to toilet took a photo and called the police. She pinched her arm herself.

    My lawyer says I've got a good chance of getting it acquitted. My ex doesn't want to press charges now but, of course, it's too late.

    Thing is, I work in a government job as a wardsmen in a hospital and it says in my contract I need to give them notice if I get a criminal charge or conviction like this. Will they sack me? Or maybe suspend me till case is over and outcome given?

    If I can't work, I can't pay the lawyer or rent, etc. I will be homeless and also, will they take this into account?
     
  2. Rod

    Rod Well-Known Member

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    What is the exact wording in the contract?
     
  3. Danziggy77

    Danziggy77 Active Member

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    It says I need to tell them if if I get charged or convicted of a crime that is liable for 12 months jail or more
     
  4. Rod

    Rod Well-Known Member

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    Sorry, I can't help with this, not enough knowledge.

    Your employment contract seems clear and you have to tell them. However it may be the term is not legally enforceable as you have not yet been guilty of anything. IE Contract clauses cannot overcome basic rights. I don't know if your clause fits this category.
     
  5. Rod

    Rod Well-Known Member

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    Doing a little bit of research, it is arguable whether the employer could fire you for being charged.

    It is alleged you committed a violent act, tick for employer. It was an ex, not related to work, tick for you (assumes ex doesn't work at same place of employment as you).

    You have never displayed signs of violence at work, unknown. If none, tick for you.

    Alleged offence is not connected to work, tick for you.

    Previous work history, unknown. If good, tick for you.

    Ex admits to making a false accusation, tick for you.
     
  6. Danziggy77

    Danziggy77 Active Member

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    Ahh, ok. Thank you, mate.
     

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