LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW Fired for Having a Relationship Under Employment Law?

Discussion in 'Employment Law Forum' started by Avraham, 21 June 2016.

  1. Avraham

    Avraham Active Member

    Joined:
    21 June 2016
    Messages:
    5
    Likes Received:
    0
    I am seeing my lawyers later this week. However, I want to get some information early.

    I started a casual relationship with a girl from work. We tried to keep it relatively secret, but word got out to two of my superiors. One of my superiors has a thing for me, an attraction since I started and has made this known to me in the past on several occasions. I have been subtle in doing so, but I have rejected her feelings. Now that she knows about the girl and I having a relationship, I feel she may take this very personally and seek to get rid of me.

    I don't have a contract and work as a casual.

    My questions:
    • Under Employment Law, can she legally force me to resign or fire me for having a relationship with another woman from work?
    • If she spreads word of this to anyone else at work, it could become a nasty and massive problem with other colleagues so, if my superiors tell other colleagues about my relationship, can I do anything legal about that?
    My lawyers, on the phone, said something about Character Assassination. Can I take legal action because her parents felt the need to call my employers of our relationship when they had no right to?
     
  2. Avraham

    Avraham Active Member

    Joined:
    21 June 2016
    Messages:
    5
    Likes Received:
    0
    In regards to the last question, I must say her parents were the ones who told my employer as they felt it necessary because they were against the relationship. I feel they had no right to involve or inform my employer as it may now cause me the hassles at work, as described above.
     
  3. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,174
    Likes Received:
    258
    Possibly. Is there a company policy against sexual relationships in the workplace? More and more employers are introducing policies covering relationships in the workplace for some of the reasons you have outlined.

    re: Parents telling employer. Not sure if this is actionable. Need someone else to answer this question.

    Hard to know. Much depends on the workplace and whether conflicts of interest will arise because of your relationship. Potentially messy and likely to be no winners from this situation.
     
    Avraham likes this.
  4. Avraham

    Avraham Active Member

    Joined:
    21 June 2016
    Messages:
    5
    Likes Received:
    0
    Thank you for your reply. There are no policies that I was introduced to. I came in. Started work. Filled our pay forms. No contracts. No nothing.
     
  5. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,174
    Likes Received:
    258
    Having no policy makes it harder for you to be legally fired for having a relationship with a co-worker. There may be other consequences though depending on the size and nature of the work you both do. For instance, they may move one of you to another location, change duties, move one of you to another department. Realistically being a casual is against you if they fire you. Your lawyers will be able to advise you on your rights as a casual once they have all the facts.
     
    Avraham likes this.

Share This Page

Loading...