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:

WA Unfair Dismissal Due to False Accusation of Theft and Abandonment?

Discussion in 'Employment Law Forum' started by JohnD, 29 July 2016.

  1. JohnD

    JohnD Active Member

    Joined:
    23 June 2016
    Messages:
    9
    Likes Received:
    0
    My workplace knew I making a trip overseas. 3 weeks before I was due to fly out, another co-worker made an accusation about me involving theft, which got back to my manager 4 days before l was due to leave the country and after numerous people informing me that I have a meeting with my manager.

    Without any prior warning or communication about this meeting - if I was aware of this meeting, I would have like to have had a support person with me, which was not offered at all - he then asks me questions regarding an item I supposedly had stolen. As rumors are very common in my workplace, I said these accusations were untrue. At this time, I was under pressure and intimidated into falsely admitting to having a shot of liquor before finishing work one night. He then continued to tell me my options are to either resign because it will look good for future employment or be investigated by the company (Loss Prevention team), and if proven innocent by the loss prevention, he made it clear he would still terminate my employment because of what I had falsely admitted

    Quote: "I've got the loss prevention team flying in" to investigate, even if they do not find anything in relation to the theft, they would investigate everything about me, etc and if anything was found, the police would be involved and I would be facing criminal charges in court. I was then told that I am suspended. As I was travelling overseas to be with an ill family member, I asked my employer if I could come back the following Monday which was the day before I was due to fly out to discuss the issue .

    After four weeks and loss of immediate family member, which was known by employer, there were no attempts to make contact. Assuming I was still suspended, I arrived back into the country and was told by co-workers my boss had put termination papers in I contacted my boss and was told because I did not show up the Monday that that was enough grounds to terminate my employment for abandonment. After enquiring on the investigation against me by the loss prevention team, I am told again because I did not show up the Monday, he had called and said not to come?

    Sorry about the novel but I need help with this unfair dismissal. This can't be fair.
     
  2. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,150
    Likes Received:
    256
    How did they know? Leave form? Was it approved? Unpaid leave or paid leave?

    From when? Starting holiday? Return from holiday? How long was the leave?
     
  3. JohnD

    JohnD Active Member

    Joined:
    23 June 2016
    Messages:
    9
    Likes Received:
    0
    Departed 29th June (while still under suspension) on the day this was all brought to my attention and I was given the options to resign, terminated or investigated. I asked when he would be working next which was the following Monday and said I would come see him but I was busy preparing for my departure I arrived back on the 23rd of July and was told by other staff my termination papers had gone through.
     
  4. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,150
    Likes Received:
    256
    What about answers to other questions?
     
    JohnD likes this.
  5. JohnD

    JohnD Active Member

    Joined:
    23 June 2016
    Messages:
    9
    Likes Received:
    0
    Such as? I told him it was not true
     
  6. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,150
    Likes Received:
    256
    How did they know? Leave form? Was it approved? Unpaid leave or paid leave?
     
  7. JohnD

    JohnD Active Member

    Joined:
    23 June 2016
    Messages:
    9
    Likes Received:
    0
    My employer knew about my plans to visit a sick relative and regularly kept asking what date I was leaving. It was also written in the leave book as I'm casual it was unpaid.
     
  8. JohnD

    JohnD Active Member

    Joined:
    23 June 2016
    Messages:
    9
    Likes Received:
    0
    Would somebody kindly take time to contact me, so I can ask for advice regarding my employment situation?

    I'm a casual employee working/worked on a regular basis for 12+ months in the hospitality industry. I am covered by HIGA2010 award, and cannot find any information that clearly states my legal stance after my employer has tried to sack me on 3 separate occasions causing a tremendous amount of stress.
     
  9. JohnD

    JohnD Active Member

    Joined:
    23 June 2016
    Messages:
    9
    Likes Received:
    0
    Being terminated for abandonment whilst suspended is this possible?
     
  10. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,150
    Likes Received:
    256
    I suspect you not turning up on the Monday before you left on leave is an issue for you. Was the Monday supposed to be part of your unpaid leave?

    Have you received any termination papers yet?
     
    JohnD likes this.

Share This Page

Loading...