WA Scare tactics by employer

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Faizal

Member
1 May 2018
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I had an interview with my HR about a complaint i raised about 2 false accusation complaint made towards me by a co-worker that had no proof or witness on the issue as i have for both issue, during the interview the HR ignored my complaint forced me to apologise or found guilty also aske how i would handle this issue outside work, upset me so i asked to go home and contacted by my supervisor the HR told him to tell me come to work and work like normal as it was a scare tactic to see my reaction but now i dont feel like coming to work as was treated bad n un fairly. Is this legal what the HR has done?
 

Rod

Lawyer
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27 May 2014
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Depends on whether the investigation by HR was reasonable. Nowhere enough detail to know one way or the other.

You being unhappy with their investigation does not make it unreasonable.

If you fail to go into work you can be fairly sacked.
 

Clancy

Well-Known Member
6 April 2016
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Stress can be a legitimate reason to take time off work, but you will need a doctors certificate.
 

Clancy

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6 April 2016
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I just want to know is it legal to use scare tactics on an employee

'Scare tactics' is non specific terminology and therefore cannot be illegal. There may however be specific actions 'within' the scare tactics that are illegal. Such as In your case, forcing you to accept guilt under duress is probably an illegal act. If you gave more specific information we could probably point out other illegal acts?
 

Faizal

Member
1 May 2018
4
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1
'Scare tactics' is non specific terminology and therefore cannot be illegal. There may however be specific actions 'within' the scare tactics that are illegal. Such as In your case, forcing you to accept guilt under duress is probably an illegal act. If you gave more specific information we could probably point out other illegal acts?

I was told by the HR that i was to either apolgise or find myself guilty with no proof of evidence that i commit the offence but i had witnesses proven i didnt do it. They were also worried he might go to union n apply for stress leave
 

Faizal

Member
1 May 2018
4
0
1
B
I was told by the HR that i was to either apolgise or find myself guilty with no proof of evidence that i commit the offence but i had witnesses proven i didnt do it. They were also worried he might go to union n apply for stress leave

Instead i went home with permission from my superior as i was under stress, HR then changed his mind told me to come back to work work as normal n dismissed the whole issue and said it was a scare tactic because he's seen my reaction and now know im not guilty and worried i might go under stress
 

Rod

Lawyer
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27 May 2014
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Write down the events, where the meeting took place, when it took place (date and time), who was there and what was said.

Then get on with work and hope it blows over. If it doesn't you have a record of what happened.