QLD Separation Certificate - misconduct

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JMH

Member
21 July 2020
4
0
1
I recently resigned (29 June 2020) without notice due to problems with a line manager (in Perth), a known bully who has been the cause of many acrimonious departures. I had been discussing my reasons for leaving with the local State Manager, who agrees this person is a problem, but no-one had been able to do anything about it. I finally handed the State Manager written notice, apologized and left. I have now been sent a separation certificate by Perth Admin manager that states the separation was due to misconduct. There was no misconduct. I was a high performer with excellent performance reviews etc. I was also only a part-time admin worker so easy enough to replace in current market. I have written asking for an amended certificate but received no reply. The FW Ombudsman's Office advised this certificate goes to the ATO and Centrelink. Do I have any legal ground for having this certificate changed? I will also not be eligible for $10k of retained bonuses as contract had a clause that not payable for a 'bad leaver' which I am guessing is part of the reason for marking as misconduct . While I have great references, my concern is that a background check of this employer could reveal this false claim of misconduct. Is there anything I can do?
 

Rod

Lawyer
LawTap Verified
27 May 2014
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Do I have any legal ground for having this certificate changed?
Yes.

Put it in writing citing the bullying as your reason for leaving, giving a copy of your notice, and asking for the bonuses that are yours.

If that fails see a lawyer.
 

JMH

Member
21 July 2020
4
0
1
Funnily enough I have received a reply from HR today attaching a separation cert with Misconduct no longer ticked. They said in the email that I was heard screaming and using expletives in a conversation with the State Manager on the day I resigned. There was only one other person in the office and he was some distance away. My voice was raised but I was not screaming. It is true, I did use two expletives (talking about the bully) and I apologized immediately after. I said I had not realised how upset I was until I started talking. State Manager had smiled, he uses expletives himself all the time. So, HR says if I'd stayed that would have triggered an investigation for misconduct! Thought it a fairly funny example of scraping the bottom of the barrel worth sharing.
 

Poidah

Well-Known Member
9 November 2017
133
5
419
Qld
Worth seeing a lawyer or speak to your union. Pity you are outside the 14 days for a Fair Work application though, worth asking them about constructive dismissal.
 

JMH

Member
21 July 2020
4
0
1
Thanks Poidah. I received an email from my union this afternoon advising I can have a free initial consultation with a lawyer (Maurice Blackburn). This has been organised for next Tuesday.
 

Rod

Lawyer
LawTap Verified
27 May 2014
6,640
919
2,894
Thanks for the update.