Workplace Bully / Constructive Redundancy

[Tai1268]

I was a department manager in a large company and had a very good work relationship with my boss until December last year -

I raised my concerns with my boss about one of his decisions which negatively affected casual staff. I pointed out that casuals are important part of our team and we should not discriminate casuals. He insisted on his decision. I wanted to stop the discussion so I stood up and walked out of his office. He wanted me to continue the discussion but I stormed out of his office. However, I walked back to his office in a couple of minutes and apologised for my "bad attitude" of storming out of his office. He was furious and the discussion continued and the argument escalated.

On the following day, he gave me a warning letter, which distorted some facts of our discussion. I refused to sign the warning letter.

One week later, he told me that he has employed someone to replace me and I will be moved to a newly created role. I pointed out it is not in the company's benefit to get someone to replace me and move me to a newly created role. He insisted on his decision.

A few days ago, he told me that my role (the newly created role) will be made redundant. I pointed out that this is not a genuine redundancy. It is harsh, unjust and unreasonable. He told me I do not need to go back to work the following day. But he did not give me redundancy paperwork in writing on that day.

This has made me extremely stressed and depressed. I took sick leave but yesterday he gave me the redundancy paperwork. I pointed out that my solicitor advised that he cannot terminate me while I am on sick leave. I refused to sign off the redundancy paperwork. But he insisted that I have been made redundant. He requested me to return office key and laptop. I refused to do so until the matter is properly dealt with.

I am a single mother and a non-native English speaker. But I do not want to put up with this kind of workplace bully.

Your advice is highly appreciated.

[Qld IR Consultant]

If your lawyer is not a specific Industrial Relations/Employment lawyer I would be seeking specialist assistance first. It is my advice that you have a strong case for constructive dismissal but your first steps would be to approach your employers HR representative and follow the grievance and dispute process. Do not engage the manager in any further conversations, especially if not accompanied by a witness. You need to act quickly because unfair dismissal claims have a 14 day time limit for lodgement. Good luck......

[Tai1268]

Thanks for the reply.

To claim unfair dismissal, your salary has to be less than 118,100, which means I cannot lodge an unfair dismissal claim with Fair Work Australia.

[Qld IR Consultant]

In that case you will need to pursue it through the civil court system.

[Maria Cheatham]

If you do decide to pursue this further please think very carefully about the amount of money it will cost you. The legal person will naturally think about making money and may not necessarily think about your personal circumstances; particularly if you are not currently working.
Or try and find someone who will work pro bono for you.