QLD Unfair Notice Issued by Employer - Discrimination?

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BradGates

Member
2 July 2018
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Hi,

I have been working for a medium-sized company for the last 8 months. I have passed the probation period and had no issues. I have recently been called into the office with the owner and had points put forward that i have 2 weeks to remedy.

I have not yet spoken to Fair Work Australia yet but the issues they have put forward are all relating to my autism. Another thing they have put forward can only be relating to my sexuality (one of their customers are a religious entity and they have said they do not want me working on their account, and I have not had much to do with this customer anyway). They said they were not provided any information on the complaint other than they don't want me working the account.

The letter I got from my employer was very unfair from where I stand as they are saying that I am unsuitable for work in this industry (a point that was not made during my probation).

From where I stand, given the information that I have been provided, I can only see that this is in relation to those two points. I have gone above and beyond for this company and I don't feel this is fair treatment.

Where do I stand with this?

I am not sure if the employer is aware that the issues they raise are text book definition of autism or that they are facilitating discrimination against my sexuality.
 

Rod

Lawyer
LawTap Verified
27 May 2014
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Both issues are a ground for a discrimination claim if they take action against you.

What have they asked you to change?

I'd not alert the employer to your concerns at this stage as they may then find alternative grounds for a dismissal.
 

BradGates

Member
2 July 2018
3
0
1
Both issues are a ground for a discrimination claim if they take action against you.

What have they asked you to change?

I'd not alert the employer to your concerns at this stage as they may then find alternative grounds for a dismissal.
They haven't given a direct response to that. When I pressed for that on the grounds that I can work to solve the issues they couldn't come back with anything. They keep going on about a feeling. So I have asked why this wasn't bought up when I was taken off probation two weeks ago. They went back to the complaint that I confirmed they had no info on. This sounds really illegal to me.
 

Rod

Lawyer
LawTap Verified
27 May 2014
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k. Just keep your head down and keep working well.

The ball is their court.
 

Clancy

Well-Known Member
6 April 2016
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2,289
Are you being given any kind of official reprimand?

If you are given a reprimand, you have the right by law to have your response filed with the reprimand.

The part that I have trouble with is this: "the issues they have put forward are all relating to my autism".

Where are the details? So far it's just your opinion? I hope you are not one of those types of people who would 'milk' a disability more than what is probably fair in order to avoid taking more full responsibility for your work?
 

BradGates

Member
2 July 2018
3
0
1
Are you being given any kind of official reprimand?

if you are given a reprimand, you have the right by law to have your response filed with the reprimand.

The part that i have trouble with is this "the issues they have put forward are all relating to my autism" Were are the details? So far its just your opinion? I hope you are not one of those types of people who would 'milk' a disability more than what is probably fair in order to avoid taking more full responsibility for your work?
No I am not. And they have already said it is not an issue with my skills or the quality of work. They have said "it's my ability to interact with people" and "not being a good fit for the role as my skill set is too advanced for the work".

Now from where I stand and I am fairly sure as far as the law stands, they had every opportunity to come up with that during my probational period. I have asked them for details and they don't have any.

What they are wanting is for me to look for another job. To me, what I got from that is they have nothing to fire me on and they have no grounds to dismiss me but are wanting me to leave.

I don't think that is fair nor do I think that is reasonable. I also think that if they are breaking the law they should be brought to account for it.
 

Clancy

Well-Known Member
6 April 2016
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69
2,289
no i am not. and they have already said it is not an issue with my skills or the quality of work, they have said "its my ability to interact with people" and "not being a good fit for the role as my skill set is too advanced for the work" now from where i stand and i am fairly sure as far as the law stands. they had every opportunity to come up with that during my probational period, i have asked them for details and they don't have any. what they are wanting is for me to look for another job. to me what i got from that is they have nothing to fire me on and they have no grounds to dismiss me but are wanting me to leave.

I don't think that is fair nor do i think that is reasonable. I also think that if they are breaking the law they should be brought to account for it.

They are not breaking the law just to say they don't want you working there, but then don't dismiss you.

They are breaking the law if they actually go ahead and dismiss you.

They may start playing mind games to 'encourage' you to quit. Keep a detailed diary of everything that happens.