Link to Workplace Bullying Book:
We take info from employment lawyer websites & paste it here for u.
Dont rely on this for legal advice. Phone or email click here>>>>Ron Hope if u have a problem with de wankers like Laurie Andrew in NT Dept of un-Education.
& whatever u do, dont expect Education Union to help u, they prefer LICK DE ARSE OF NT Dept of un-Education, READ>>>>DIS & DIS
& give ur membership money to sleazy husbands of der friends instead of help u
10 Basic rules to follow if you are confronted with a disciplinary meeting
Disciplinary meetings are invariably demanding and, in the stress of the moment, it is easy for both the employer and the employee to make mistakes. Indeed, many employers have little or no experience in the conduct of disciplinary meetings. In these circumstances, it is important that you keep your wits about you.
By applying the principles below, you will at least help minimise the risk that you will be exposed to even more serious allegations, make the job of your lawyer easier in representing you and demonstrate to your employer that you are not going to be taken advantage of.
- Clarify whether it is an operational meeting or a disciplinary meeting. If you are reassured that it is simply an operational meeting, but it is allowed to develop into a disciplinary meeting, bring the meeting to a close and ask for an adjournment.
- Make sure that proper minutes of the meeting are taken by a friend or colleague whose role is not to participate in the meeting but simply to take accurate notes. These minutes need to record the time, date and place of the meeting, who was present (together with position titles) and who said what to whom. They should be prepared as soon as the meeting is over.
- Do not agree to the meeting being either audio or video recorded. Be mindful that, notwithstanding your refusal that such devices be used, they may be present anyway.
- Do not allow yourself to be pressured into resignation or accepting a demotion/change of duties. If you find yourself being pressured into accepting these sorts of outcomes, seek urgent legal advice.
- If any questions are put to you, reply to them, as a properly considered answer may result in the allegations being dropped. However, do not volunteer additional information as this will only prompt further questions. You should say as little as you can consistent with answering the question.The only exception to this rule is if allegations of a criminal nature are being made against you. For example, if you are being accused of stealing or serious assault, you need to be aware that your answers may be forwarded on to the police. In these circumstances, you should decline to answer the question until you have obtained legal advice.
- Avoid making any admissions e.g. “I guess I could have been more productive…”. Deflect the question by saying that you need time to reply with a considered response.
- Prior to the commencement of the meeting, request in writing a written outline of the agenda and full details of any allegations. If you subsequently receive verbal indication that this will be denied to you, write to the Chairman of the committee noting that your request has been refused.
- Don’t assume that, if you are badly treated during the meeting, or if the meeting results in your termination/demotion, you will have access to the unfair dismissal provisions of the Federal Fair Work Act 2009. It may well be that you are locked out of this system. You might well, however, have a cause of action to sue for damages at common law, or have the basis for an Adverse Action/Competition and Consumer Act claim. This will need to be evaluated by your lawyer.
- If the meeting becomes particularly heated or abusive, call a halt and demand that it be rescheduled. If you need to walk out of the meeting, you will need to do an urgent memo to the meeting Chairman recording why you walked out, strongly protesting about the treatment you received and seeking his or her assurances that it will not happen again and inviting them to reschedule another meeting.
- Insist that the Chairman of the meeting writes to you to confirm the outcome of the meeting. If such a letter is not received, you should write your own letter with legal assistance.
10 things you need to know if you are facing possible wrongful termination
Provided you follow the principles below, you will ensure that you have the best possible case to subsequently mount against your employer.
- Don’t resign without taking prior legal advice.
- Don’t sign any documents without taking prior legal advice.
- Don’t say you are taking legal advice. If your employer knows that a lawyer is involved, they are likely to be more guarded in their dealings with you.
- Don’t make any admissions. If asked to provide an explanation of your conduct/performance, you should do so, as a timely explanation may stop an investigation in its tracks. However, when replying to questions, you should not do so in a way that will open up other lines of inquiry by the employer or make it easier for them to establish a case against you.
- Don’t take on new duties or by your conduct appear to relinquish your old position without taking prior legal advice.
- Perform your current role to the best of your ability (don’t give them any excuse to terminate you).
- Make sure you have a copy of your contract of employment and all relevant documents relating to your terms and conditions of employment and the immediate crisis off the premises. Be mindful that you may be suddenly locked out of your office and denied access to the documents that will be necessary to build your case.
- Don’t be pressured into making an early decision before your cause of action has been thoroughly evaluated. If necessary, simply say that you need to speak to your accountant or your spouse or come up with some other excuse until legal advice can be obtained.
- Be meticulous about confidentiality. Only communicate with external advisers by a confidential e-mail address that cannot be accessed by your employer.
- If you have been handed a cheque and have been told at the time of receiving it words to the effect that it is in full and final settlement of all claims or you have received a memo or letter from the employer to the same effect, don’t bank the cheque. In these circumstances, make it clear that you reserve all your legal rights to receive payment on an unconditional basis.If the employer makes a unilateral payment into your bank account, then that of itself will not compromise your claim.
More free advice:
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DONT FORGET DIS SITE, HEAPS OF USEFUL RESOURCES IN LINKS ON LEFT HAND OF PAGE: https://www.fwc.gov.au/disputes-at-work/how-the-commission-works/commission-offices/northern-territory