WA Potential unfair dismissal

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KateWA

Member
1 August 2020
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Hi been with company for 7 years. Never had any performance management plans or coaching notes. Some end of year reviews have comments about improving stakeholder engagement.

my work place failed to put in place or enact an OHS process around suspected/symptom showing covid-19. Resulting in a rude and panicked ohs officer attempting to remove me from work after I was near someone with symptoms (not our process) we both become distressed to the point I was in tears. When the leaders came after I called I asked them how does he not know what he’s doing how come he doesn’t know the process nobody has told him. My employer is now saying I was aggressive and this broke our code of conduct. I was emotional and angry but my behavior could not be described as aggressive.

now going through show cause to terminate was told at the show cause it doesn’t matter what my response is to it it’s not changing the outcome of my termination.

2 questions - both the fair work act and internal procedures state my response must be considered before a decision is made. To me that is showing a pre determined outcome would that be correct

second I feel this is harsh and unjust given no prior coaching or performance management plans. I cannot claim fair work unfair dismissal but could I go for adverse action?

thank you!!
 

Rod

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KateWA

Member
1 August 2020
2
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Why?



Yes.



Yes. Though GP claims are hard to win.

Document now as much as you can now about each event of significance.
I earn over the income threshold for unfair dismissal that was implemented 1st of July

thanks for the advice!