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QLD Unfair Dismissal by Management Due to Workplace Bullying Issue

Discussion in 'Employment Law Forum' started by Mr X, 29 October 2015.

  1. Mr X

    Mr X Member

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    Hi, I have just been dismissed by my former employer from letting them know about a workplace bullying issue that happened in the workplace. The management was not there at the time so I told the health and safety person about the issue and they told me to leave it with them and they will sort the issue out.

    After waiting 2 weeks and nothing being done, I had trouble working with this employee again as I had to work with them every day and they were not passing me the information that I needed to do my job and it was causing me stress. I once again approached the Health and Safety person and they said once again to please leave it to them and they will finally sort the issue out.

    The next day the manager came down to ask what was going on as he had just come back from a holiday and I told him about the issue and how it was affecting my work, He said he would sort it out for me and approached the lady about the problem. Later that day, he dismissed her from her employment and told me to go along with my daily.

    Later that day, The employer received multiple calls from a former employer about why this dismissal was unfair for that employee and basically kept going on and on about it. At the end of the day, after nearly finishing my job, I was told to wait around for management to arrive.

    He basically told me that this situation had gotten out of control and told me that I should have 4 weeks off, as it was effecting his business. After not saying anything to him as I was shocked over what he said, he told me that if I was to return to my position, it would not be available and that my employment would not be there either, and told me to sign off and leave.

    I then went up to the payroll lady after what he told me and got my separation certificate and she told me that I had to wait for the pay till the end of the week to receive it. I said I was ok with that and waited over 6 days for it. Once I received it, it had said that the reason for my leaving was because of shortage of work, which was untrue, and when I reported that it as an unfair dismissal, the employer tried to tell them that they never fired me, only suspended me for 4 weeks, when as stated before, they put a shortage of work on an Australian Government Document.

    If anyone can help me under Employment Law, it would be much appreciated.
     
  2. JS79

    JS79 Well-Known Member

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    Hi,
    Please go see an employment lawyer as soon as possible - you have 21 days from being dismissed from employment to lodge a claim.

    Two articles on unfair dismissal can be found here:
    Employment Law Changes Employers Need to Know - Legal Blog - LawAnswers.com.au
    Unfair Dismissal and the Fair Work Commission - Legal Blog - LawAnswers.com.au

    Also an article regarding suspensions:
    Employee Rights – Suspensions, Stand downs and Shutdowns - Legal Blog - LawAnswers.com.au

    One on workplace bullying:
    Workplace Bullying – Protect Yourself - Legal Blog - LawAnswers.com.au

    To be connected to a local lawyer who specialises in employment law, see

    Get Connected with the Right Lawyer for You
     
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  3. Serge Gorval

    Serge Gorval Well-Known Member

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    The long and short of it is that you were constructively dismissed through a repudiation of your employment agreement. The suspension was unlawful and you very much so have a case either as an unfair dismissal or general protections application.
     
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  4. Mr X

    Mr X Member

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    Hi thanks for your reply and appreciate your time and help

    My Employer is trying to say that they did not dismissed me and that I was the one who voluntarily left, which was a lie, but I have no real evidence to back up that story as they did not ask me to have anyone presence, when he gave me the talk about my dismissal.

    Could I use my separation certificate as evidence as the reason for my leaving as they did put down it was because of shortage of work, not voluntarily leaving?
     
  5. Serge Gorval

    Serge Gorval Well-Known Member

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    Yes, the separation certificate will act as evidence to support your version of events.
     

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