My fiancé is at risk of losing his new position (he’s only been in the role 2 months and 15 years with the company) as a

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Customer: Hi. So my fiancé is at risk of losing his new position (he’s only been in the role 2 months and 15 years with the company) as a manager due to false allegations put in against him at work by 6 people(both male and female).
JA: Was there discrimination based on age, race, religion, gender, or disability?
Customer: Some of the false claims are on sexuality.
JA: What kind of workplace is this (private sector, public sector, etc.)? How many employees?
Customer: Public. Retail company-national. In the store or that put in complaints?
JA: Where is your fiancé located? Discrimination laws vary by state.
Customer: Emerald, QLD
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I guess. We have found out that many people leave this particular store due to bullying/harassment and my fiancé is the latest in a high attrition rate of new managers that have come to fill this stockfill role.
Answered by John Melis in 5 mins 10 months ago
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John Melis
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John Melis, Expert

Hello, I’m John Melis, a solicitor in Australia, and I’ll be helping you with your question today.

Has your fiancé written to the HR department regarding this particular issue?
Customer
Hi, thank you for your time. He received no notification regarding the allegations until an out of store interview was scheduled that he had to attend.
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John Melis, Expert

Your partner, should challenge these allegations in writing.

Customer
He has sent his rebuttal to the allegations and are awaiting a response.
Customer
Should he contact HR directly?
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John Melis, Expert

I suggest that your partner put in writing back to the HR via email disputing the allegations.

Customer
He has. Should he send an additional letter concerning harassment?
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John Melis, Expert

Your partner can put that claim in a separate email.

Customer
Ok. Naming the people that made allegations against him?
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John Melis, Expert

If your partner has evidence to support the claim, then your partner should put all that evidence in that written correspondence.

Customer
Ok. He has already done that in the written correspondence that he sent in his rebuttal. Stating that he did not do what these people said he did.
Customer
If he loses his job- can he pursue unfair dismissal? Because these claims are deflammatory and false.
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John Melis, Expert

The detail you provided shows there is workplace bullying.

Bullying may involve a wide range of behaviour; for example, it includes harassment, victimisation, discrimination, abusive, insulting, offensive language or comments, and spreading misinformation or malicious rumours.

In your case, you fit into the category of bullying conduct in the broader sense. That means you will be able to raise a claim for compensation and workplace protection.

I invite you to make an application to stop bullying under the Fair Work Act with the Fair Work Commission.

You may use the general protection provisions form on the Fair Work Commission website. You may apply today.

Fair work will contact you to discuss your matter.

Customer
It has also been reported to me that the Store Manager was discussing my fiancé’s confidential information regarding the claims. Can we pursue any legalities on him personally? As this is a breach of Company conduct policy.
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John Melis, Expert

The next step for your partner is to raise a claim at the fair work commission.

Customer
Ok. Thank you very much for your time and advice
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John Melis, Expert

It was my pleasure to help you today, and I thank you for chatting with me.

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