LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

QLD Suspended from Work Without Pay

Discussion in 'Employment Law Forum' started by Junior, 16 November 2014.

  1. Junior

    Junior Well-Known Member

    Joined:
    13 November 2014
    Messages:
    70
    Likes Received:
    6
    For more than 8 months, I was stood down and later suspend me from work with out pay and renumeration.

    Reasons:
    1. Failure to notify them that I was charged with a serious matter. QP was asked to looked for me as this was disclosed by the person who reported me.
    2. I was told by my former solicitor not to discuss the matter to my work colleague and work place.
    3. I was indicted to the District Court. Work place managed to accessed QPS report and suspended my registration.
    4. Union acting on my behalf made an appeal not to suspend my pay and renumeration.
    5. A stay order was made last May 2014 and my work place continue paying me not until last July 2014 my PSA appeal lost and suspended me with out pay and renumeration.
    6. Last month, I pleaded not guilty, was found not guilty by the 12 Jury and was discharged with no conviction.

    How can I speed it up? My Union is telling me that I failed to notify my workplace but I later found out that there was an existing direction not to attend my workplace. Union was not very helpful after I won my matter. I asked the Union Solicitor to make a submission to reinstate my registration as It will be a punitive and against their standard policy. I can't afford to ask an Employment Law Solicitor because of my financial situation. Anyone can help me? Thanks.
     
  2. Sarah J

    Sarah J Well-Known Member

    Joined:
    16 July 2014
    Messages:
    1,314
    Likes Received:
    243
    Hi Junior,

    What registration? It is registration to a professional group?
     
  3. Junior

    Junior Well-Known Member

    Joined:
    13 November 2014
    Messages:
    70
    Likes Received:
    6
    Many thanks @Sarah J

    It's a professional group thanks again.
     
  4. Sarah J

    Sarah J Well-Known Member

    Joined:
    16 July 2014
    Messages:
    1,314
    Likes Received:
    243
    Hi Junior,

    So what is your question exactly? Is it:

    1. How to reinstate your registration? Did the body cancel your registration due to their own internal decision-making or on the basis of the court action?

    Or it is:

    2. Can your current employer suspend you for 8 months without pay on the basis that you are (i) being subject to a charge in the District Court; and (ii) no longer have your practising certificate? Do you need the certificate to practice/work in your position?
     
  5. Junior

    Junior Well-Known Member

    Joined:
    13 November 2014
    Messages:
    70
    Likes Received:
    6
    Thanks @Sarah J,

    1. My registration was suspended because of REASONS number 1 and 3. They are governing body that can freely make their decision but my arguments was that I was charged but not convicted as evidence of the VJR.
    2. I need my registration back in order to practice my profession. This is weird @Sarah J, the person who suspended me is now under investigation of CCC. He was forced to stood down and suspended with full pay. Both (i) and (ii) were they basis.

    I don't think I deserved this punitive act by both employer and registration body.
     
  6. Sarah J

    Sarah J Well-Known Member

    Joined:
    16 July 2014
    Messages:
    1,314
    Likes Received:
    243
    Hi Junior,

    1. Is there any appeal process or review of the decision made by the governing body that decides on registration matters?
    2. If there is no internal review process, you can usually seek judicial review in the courts. However, as this is quite complicated and could be costly, I would recommend trying any internal review/appeal processes first and seek legal representation when applying to courts.
    3. Have you approached Legal Aid to see if you satisfy their assistance criteria? Also, try to get some advice from your local community legal centre who can offer confidential specific advice to your situation. You can also enquire with the Fair Work Ombudsman as this is an employment issue. They are a service in Australia that offers free advice and dispute resolution assistance for employees.
     
    Junior likes this.
  7. Junior

    Junior Well-Known Member

    Joined:
    13 November 2014
    Messages:
    70
    Likes Received:
    6
    Thanks @Sarah J,

    Is depression/post traumatic stress disorder a psychological/personal injury? I have lost past and on going future income because of the false accusation made against me. I have been discharge with no conviction recorded and yet my situation remains the same from the time that I charged and stood down from work with no pay and no renumeration.
     
  8. Sarah J

    Sarah J Well-Known Member

    Joined:
    16 July 2014
    Messages:
    1,314
    Likes Received:
    243
    It may be. You will need to get a psychological report attesting to the fact you have depression/PTSD and that in their opinion this was caused by the accusations. However, most allegations/trials/proceedings cause the accused some form of stress and distress, hence, it would have to be quite severe or other exceptional circumstances for you to be successful in claiming person injury damages against the person/body accusing you.
     
  9. Junior

    Junior Well-Known Member

    Joined:
    13 November 2014
    Messages:
    70
    Likes Received:
    6
    Thanks @Sarah J,

    I shifted my focus on family matter and professional registration, however I am still considering to take future action against my employer.
     
  10. Junior

    Junior Well-Known Member

    Joined:
    13 November 2014
    Messages:
    70
    Likes Received:
    6
    Good Afternoon, It's been 3 months since I created this thread and yet there is no progress with my REGISTRATION (Australian Health Practitioner Regulation Agency). Here I am waiting for my legal counsel ( provided by the Union to assist me with my Registration ) news whether it will be good or bad. He said, the (New) Office of the Health Ombudsman ( commenced last July 2014 ) will do the investigation whether they will revoke the suspension of my registration.
     

Share This Page

Loading...