QLD Separation Certificate - misconduct

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

milsy22

Active Member
21 July 2020
6
0
31
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
LawConnect (LawTap) Verified
27 May 2014
7,726
1,056
2,894
www.hutchinsonlegal.com.au
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.
 

milsy22

Active Member
21 July 2020
6
0
31
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
145
6
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.
 

milsy22

Active Member
21 July 2020
6
0
31
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
LawConnect (LawTap) Verified
27 May 2014
7,726
1,056
2,894
www.hutchinsonlegal.com.au
Thanks for the update.
 

milsy22

Active Member
21 July 2020
6
0
31
Hi Rod, yes it went well thanks. I only wish I had talked to a lawyer earlier though.