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NSW Take Company to Court for Threats Under Employment Law?

Discussion in 'Employment Law Forum' started by Stressed1, 15 July 2016.

  1. Stressed1

    Stressed1 Member

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    The details of my story are many but to cut it short, I did not want to stay back for a shift. I was then told too bad my whole roster would change and my work duties would change as well. The same person along with one other has threatened me to the point where I went to the police to file a complaint.

    I am now on stress leave because of what has happened. My manager at the time this all took place was emailed by me and warned them of their behaviour but they did absolutely nothing and I was later told this same manager is now the manager for the company's HR department.

    I have contacted Workcover NSW to investigate. My question is, can I take this further in court under employment law as I have been told nothing has happened at work? The 2 supervisors who threatened me are still working like nothing ever happened.

    I was also discriminated against when I also brought up a safety concern that was against company policy and put others' safety at risk again by the 2 same supervisors. I am now so stressed to even think about work and writing this brings all that stress and anxiety back.

    I have recorded everything, kept every email and have witness statements.
     
  2. @thelawbundle

    @thelawbundle Well-Known Member

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    Hi Stressed1,

    The first thing to consider here is whether a Modern Award or EBA (or even an employment contract) applies to your employment with this company and whether there is a prescribed method for notifying employees about shift changes under these instruments.

    If the company has breached its obligations under these instruments (to give you notice about a shift change, for example) then you may have an entitlement to lodge a "general protections" claim on the grounds that the employer has taken "adverse action" against you.

    For more information on these rights, read this website. I recommend that you call the Fair Work Ombudsman and they can advise you further (and can help you out if you're not sure what Award you might be employed under, etc.). It is a free service. You should do this quickly because the time limits for taking action in this jurisdiction are very short.

    Something the Fair Work Ombudsman may want to know is why you think the employer acted like this. Note that cases similar to yours have been dismissed because the reason for the shift change was justifiable.

    I'm not saying that you fall into this category - but if you take this any further your employer will likely raise some argument as to why they did what they did. If you can think of anything that prompted their actions, you should raise this with the Fair Work Ombudsman at the outset.

    You can also raise the health and safety (or discrimination) matter with the ombudsman and they may investigate this or chair a mediation between you and your employer to resolve this issue. That website I linked to above also contains some information on discrimination at work.

    Hope this helps.
     
  3. Stressed1

    Stressed1 Member

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    Hi and thank you for replying. Yes, my employer did have changes because of a major loss in business but that did not happen until 2 months later and was not anticipated by anyone. I am the only person who has been affected and the only person who finishes 30mins after everyone else.

    There is no reason for me to finish later than everyone as we all do the same work and this type of treatment is only affecting me, no one else, and so I believe I am being victimized by one particular supervisor.

    My EBA says in black and white any change in hours has to be agreed upon by both parties after proper consultation by both parties, I was then put on a roster on my own so I could not see what the others working in my work were doing.

    He also abused and threatened me before I went on stress leave. He has also sms'ed other people at work telling them to disregard my concerns on safety knowing it is dangerous and unsafe. I have messaged my manager but no action has been taken. I now have 3 different government agencies investigating the safety concerns and bullying.
     
  4. Serge Gorval

    Serge Gorval Well-Known Member

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