QLD Is it permissible/legally accepted for employee to contact an employer directly by phone or email even if they have hired a lawyer or representation?

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Xena The Warrior Princess

Well-Known Member
3 June 2018
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The employer received the information from the company's accountant that one of the employees who spent six months abroad had not used any sick or holiday leave (15 days were documented by a medical certificate provided while abroad). Even while on a medical certificate, and had also voluntarily undergone plastic surgery of the nose, which made an employee incapacitated to work, during the employees recovery period after the surgery, and in both occassions did not claim against sick leave. Prior to leaving, the employee verbally promised to take a three-month leave with one week on and one week off for holiday (using holiday leave). However that did not occur.The accountant also discovered that the salary of the aforementioned employees had increased significantly (the employee has full access to HR/Payroll system as an accounts manager). The individual handed in resignation upon returning to Australia, after a total of 6 months abroad rather than the agreed-upon 3 months. The employee took an additional 15 days of sick leave (on a medical certificate), claiming that the employer was interrogating them during the phone conference in the accountant's offices when the employer sought a clarification against alleged for fraudulent activities (there were multiple uses of the employer's corporate credit card, while in Australia and abroad).The employer was just looking for explanation as to how, why, and with whose approval the salary raise occurred. The employer also questioned the whereabouts of the allegedly approved "old" and "new" contracts made by the employee and employer. As was already said, the employee was in control of payroll, human resources, and had financial authority over business bank accounts. The company has learned that the aforementioned employee, who stole a sizeable sum of money without authorisation and from the business credit card account while abroad, had access to all of his private accounts as well.After the employer received the letter, the employee called the company from a private number and inquired about how the payment of the allegedly unpaid funds would be handled. Following the phone call, the employee sent the employer an email in which he or she made threats and accusations if their demands were not met. The employer did not respond to the email and is currently completing a full internal business investigation of the incident before filing a report to the police through the firm's accountant.Therefore, I want to know if it is permissible/legally accepted for someone to contact an employer directly by phone or email even if they have hired a lawyer or representation to represent them?

I would appreciate anyone's input and advice in this matter.
 

Rod

Lawyer
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27 May 2014
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Answering only the question in the title, yes, an employee can contact the employer directly. Lawyers cannot do so.

However the employer may direct you to contact them through their lawyer in which case you should do so.