NSW Unfair termination of employment

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vgas

Member
1 June 2020
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My employer is trying to fire me in NSW because I did not tell them I was working remotely from Byron Bay and lied about it, said my car had mechanic problems., then I confessed and said I was working from Byron Bay at my mums place.

The assignment was to take photos of signage. They are now trying to fire me for serious misconduct and I have an unfit medical certificate and now my employer is harrassing my GP to find out why I am unfit for work. Any advice?
 

Atticus

Well-Known Member
6 February 2019
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Any advice?
Part of being an employee is doing what your employer requires (within job description).... if you don't do that then your being sacked is not unfair..... If you have a legit medical reason for whatever it may be that could help you keep your job, then let your GP know you are okay with them talking to the GP about it
 

vgas

Member
1 June 2020
3
0
1
Part of being an employee is doing what your employer requires (within job description).... if you don't do that then your being sacked is not unfair..... If you have a legit medical reason for whatever it may be that could help you keep your job, then let your GP know you are okay with them talking to the GP about it
I couldn’t do the job because I was 10 hours away but did not notify my employer of that fact.
 

Atticus

Well-Known Member
6 February 2019
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I couldn’t do the job because I was 10 hours away but did not notify my employer of that fact.
Fair enough... you didn't do your job & lied.. Not unfair... Again if you have a legit medical reason then instruct your GP that s/he has your permission to talk to them
 

Tim W

Lawyer
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28 April 2014
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The physical location of your work is not the problem.
The lying to your employer is the problem.
The medical certificate won't take away the fact that you lied.

I don't see you winning this in Fair Work.
 

vgas

Member
1 June 2020
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0
1
The physical location of your work is not the problem.
The lying to your employer is the problem.
The medical certificate won't take away the fact that you lied.

I don't see you winning this in Fair Work.
But my boss has been intimidating and bullying me throughout the course of my employment and that is why I was not honest.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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OK, to play Devil's Advocate for a minute...

In his response to any Unfair Dismissal proceeding that you bring,
your boss may well reply something like...

(i) No, he wasn't intimidating and bullying you.
He was managing you.
Managing an employee in a remote work arrangement
can require extra effort on the employer's part,
and extra accountability on the part of the worker. (1);

(ii) You were fundamentally dishonest about your work and circumstances.
He asked you to do a job. You lied to him about why you could not.
As such, you have abused the duty of good faith inherent in any employment relationship,
and certainly inherent in a remote working arrangement.

(iii) Your Medical Certificate is just a device to try to evade being accountable for your dishonesty.(2)


It is inherent in any employment relationship that a worker has a duty to keep their employer
reasonably informed about their ability to do the work (3)
You failed in that duty, and you lied to your employer.

The lying is still the problem.
Perhaps I am being unusually hard line pro-employer
(I am a good trade unionist in real life),
but I still don't see any legs for you to stand on.



-------------------------------------------------------
(1) It is settled law that an employer does not bully a worker merely by
exercising their prerogative to check and supervise their work,
and/or analyse or critique their performance.

(2) While it is likely that (like many) your employer thinks that they can
make layman second-guesses at the validity of a Medical Certificate,
they can't. Fit/unfit is all there is.
That being said, work is not like school - "a note" is not a magic bullet to get you out of something, no questions asked.
Your GP is quite within his rights (and is acting according to his own duty)
to refuse to divulge clinical detail.
If your GP says (to your employer) something like
"No. Not without a Court Order."
then that's enough.

(3) Such as when telling the employer that they are sick and unfit for work, even if not in all the clinical detail.
 
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Poidah

Well-Known Member
9 November 2017
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Qld
I confessed and said I was working from Byron Bay at my mums place.
Are you unable to work because you are in Byron Bay? Why are you not planning to move back to where you were before and start work again?
The situation does not seem viable in whatever way you propose. If yes, they are bullying you, if yes you are on medical leave, if yes they are unable to fire you, what then? When will you be able to start work? You will need to start working at one point in time, or you will need to find work that is suitable to your Byron Bay location. Blaming the employer or preventing them from firing you does not make any difference in the long run really.