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NSW Suspended from Work Over Six Months - What are My Employee Rights?

Discussion in 'Employment Law Forum' started by Youth worker, 1 February 2016.

  1. Youth worker

    Youth worker Active Member

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    I was suspended by my employer due to the allegations by a young person. I was suspended for over 6 months with pay. I lost all penalty rate payments. The external investigator has cleared me of all allegations stating they were all false.

    I believe I was unfairly suspended as I have a clean work history and I could have worked in a different location instead of being suspended. I would like to know if "procedural fairness" is part of my employee rights before considering suspension.

    Is my employer right to suspend me without hearing my side of the story first?
     
  2. Rod

    Rod Well-Known Member

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    Yours is a particularly hard situation. You work with disadvantaged youths. Your employer has to protect your rights while also protecting the youths you work with.

    It appears they took the correct action. Subsequently, as the allegations were proven false (you should get this in writing!) and you suffered a loss, then you may have a case the person who caused the loss. I don't think the employer is at fault.

    If the person is a minor in the care of the state, then you could sue the state (hard work, will be defended, costs lots). If the person is still under the legal control of their parents then sue the parents (requires good evidence, may not be well defended, costs some money, chances are parents have no money/assets).

    Your situation is not unusual in the industry and appears you have been treated better than many others in your position. Unfortunately, this appears to be a risk people undertake when they join up to do this work but is not openly stated anywhere as such.
     
  3. Youth worker

    Youth worker Active Member

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    Thank you, Rod, for your reply. The accusations were made by a minor (child of the state). I do understand that when dealing with minors, the issue must be treated seriously but my question is about procedural fairness. Do I still deserve the right to "procedural fairness"?
     
    Wiggins likes this.

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