NSW Workplace Bullying, Unfair Dismissal and Theft of Evidence

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19 November 2014
I have been working for my current employer coming up to 2 years. The owner has been bullying my quite relentlessly. I have been keeping a diary of the events to document the workplace bullying. He discovered the diary today and stole it. I am now concerned that as he knows I have been keeping the diary, he will move to dismiss me in anyway he can. What can I do about the stolen evidence? Especially if he were to take action.

Thank you to anyone who is willing to help me with legal advice.

Owens Lawyers

Well-Known Member
13 June 2014
Hi Dave,

You could:

a) report the theft to the police
b) make an application to the Fair Work Commission to deal with the bullying
c) if you are dismissed, make an unfair dismissal application to the Fair Work Commission. You only have 21 days from the date your dusmissal takes effect to do so.
d) alternatively to c) if you are dismissed make an application that you were dismissed in breach of a general protection (in this case because you exercised or made a complaint about a workplace right). Once again, to the Fair Work Commission and within 21 days.

I'm not sure d) is your best option so you should seek legal advice about your particular circumstances