QLD Unfair and unequal suspension of employment(fast food industry)

Discussion in 'Employment Law Forum' started by opalmozzix, 14 September 2018 at 3:03 PM.

Tags:
  1. opalmozzix

    opalmozzix Member

    Joined:
    Friday
    Messages:
    4
    Likes Received:
    0
    So, i've been accused of sexual harassment specifically over social media towards a minor, i'm over 18 and the the accuser is 16. Upon submission of the complaint i was called into work to be notified of the commencement of the investigation into my behavior, without being given any opportunity to explain or justify my actions. I have ample proof of this "harassment" being anything but, and i have no doubt that within a week the case will be resolved in my favor, however, i have already lost 4 hours of work and potentially will lose another 10+ hours of work(I'm casual), and I am dependent on my income. The accuser(who is officially above me in terms of progression, but not a manager) has not been suspended. Their claims are completely false and is the result of their current partner violating their and mine's privacy by going through the accusers phone and discovering that the accuser was flirting with me, which the accuser declined and upon pressure from their partner accused me of sexual harassment. I was given a form to sign which doesn't even state why i was being suspended. The managers in charge of the investigation have seen me acting playfully and friendly on shift with accuser, and a day before i was suspended i worked 3 and half hours with the accuser, during which they made many attempts to initiate communication with me, well above the required amount for work. The evidence provided to the managers handling my dispute was screenshots that were taken heavily out of context, and in fact, were not even between the accuser and I, but between myself and their partner, of which all my comments were of sarcastic in nature. I even heard that someone overheard the accuser crying about how they got someone(me) into a lot of trouble, due to their guilt. They have used this as grounds for my suspension.

    They have failed to acknowledge obvious bias in the incident, and have failed to use obvious deduction to conclude that no sexual harassment was taking place, as provided by the numerous amount of shifts i have worked with the accuser before this supposed harassment. Not only that, i was guaranteed confidentiality by the manager that suspended me, however i was told by a friend that the manager had told numerous crew people(same level as me) that i was being suspended, and conducted the suspension meeting at the restaurant. I've been lied too and treated as if i was guilty until proven innocent. I already suffer from depression and anxiety, and I am suffering a great deal of psychiatric stress due to this incident, as well being forced to defend communication that was not even between myself and the accuser. I study full time and i should be studying right now, but this gross mismanagement is affecting that too. What compensation may i be entitled too, if any?
     
  2. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    5,066
    Likes Received:
    716
    How long have you been working for the employer?

    And what award or EA covers your employment?
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. opalmozzix

    opalmozzix Member

    Joined:
    Friday
    Messages:
    4
    Likes Received:
    0
  4. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    5,066
    Likes Received:
    716
    Two things against you:
    • You are a casual and not guaranteed work.
    • You have only been working at tops 2.5 months.
    The EA does not say anything one way or the other.

    I don't see you have a case unless you were on a roster and remove you from it.

    If they dismiss you, then you have the above points against you.

    The situation is not good, but that's life as a casual in the workforce these days. See it as a learning experience and that life in the workforce is not always fair.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  5. opalmozzix

    opalmozzix Member

    Joined:
    Friday
    Messages:
    4
    Likes Received:
    0
    Thanks for your advice rod.
     
  6. opalmozzix

    opalmozzix Member

    Joined:
    Friday
    Messages:
    4
    Likes Received:
    0
    UPDATE: I confronted the manager responsible for the lack of progress yesterday, in which she took offense to, and mentioned that i had contacted my accuser and threatened me further. The only person from work I spoke to the night before i called this manager was a friend i had been speaking to for a month or two. The manager just revealed the identity of the underage minor who is accusing me of sexual harassment, and she is SO f***ing lucky i'm anything but what my accuser thinks i am, because she would liable for any action from then onwards. This is just an example of the mismanagement within the case and this manager could have easily got the accuser subject to more sexual harassment or even reprisal.
     
Loading...

Share This Page

Loading...
gt;