QLD Resignation due to bullying and ongoing issues with Management

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jwelchnz

Well-Known Member
1 June 2020
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Have resigned from my position due to bullying in the work place and the lack of support from Management. Two accusations were made by two separate employees. First accusation was that I had declared to another peer at work I was on valium in a safety sensitive workplace. This resulted in drug testing at my own cost within 14 hours of the accusation to find no such drugs in my system. Second was that I was not wearing my uniform properly and missing pieces. This member of staff was overheard by other peers concocting this story. They spoke up.

I formal complaint was made and the company really didn't know what to do. It started to cause much anxiety in the workplace and emotional stress. I took a trip to NZ in Feb, and during this trip I swapped shifts about as per my EBA conditions of being able to. I also took sick leave while in New Zealand with a doctors certificate.

Once I arrived back I resumed work. I was then asked to a meeting on the 20th of March where I was told it was to discuss the complaints I have made and to close them off. I attended this meeting and my manager and a member from HR on speaker attended. We spoke about the complaints and it was agreed they had been dealt with although I was not privy to the end result. Straight after this conversation more allegations were then raised including smoking in the car park, and the swapping of shifts while in New Zealand. I provided the response that I am a smoker, and that swapping of shifts are allowed as per my EBA. I then asked if they were taking adverse action against me to which they said no.

On the 22nd of March I was then granted Special Leave Without Pay from the 23rd of March up until 26 June 2020 due to coronavirus and my request for this due to living at home with an immunocompromised family member receiving Chemotherapy. It was decided I would travel back to NZ during the pandemic as the industry I worked in (Airlines) was starting to crumble. At this stage Jobkeeper had not been announced.

Once in NZ Job Keeper was announced and I made enquiries about being stood down as thats what the company was offering and claiming Jobkeeper. At this stage my special leave without pay had no clause that at any time could my employer could recall me back to work within the time taken off.

I received an email into my enquiry regarding being stood down and receiving job keeper. The answer was to return to Australia, be quarantined for 14 days and take part in 2 weeks on and 2 weeks stood down until further notice. There was no negotiation nor was the offer to claim Jobkeeper while on unpaid leave which is an option according to the Fairwork Commission website.

My attitude changed when receiving this email. I was already distressed about the bullying, and management not helping and resigned stating those reasons. Something I may now live to regret. I am now asking what my options are? I felt my only avenue was to resign because of the above timeline and also that I could not claim benefits in New Zealand or that it would make it difficult to while employed. But main reasons i again state for resigning which i stated on my resignation was because of the bullying and lack of support from management.
 

Rod

Lawyer
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27 May 2014
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Pay for legal advice before 21 days from date of resignation expires.

Hard to know if you can claim a constructive dismissal or not.
 

jwelchnz

Well-Known Member
1 June 2020
16
0
71
would prefer my job back. I am a bit late on the 21 days. At the time i was very emotionally worn down. The resignation took place 6th of April. Tonight I found out the witnesses to the behaviour who HR contacted me for there details. They were never called. No one spoke to them.
 

Rod

Lawyer
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27 May 2014
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I don't like your chances, though you should see if you can at least get a free initial consultation with an employment lawyer.