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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 48683
Experience:  24 years experience. Admitted in New South Wales and the UK.
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I currently work as an account manager with 12 partner

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I currently work as an account manager with 12 partner business, for a large organisation. In April one of my steady accounts was taken off me and given to a junior. The partner called my boss to complain and was told. “We need to give the young guys a chance to gain experience, Alan’s getting on a bit and won’t be around forever.” I raised this with HR twice and after two months my line manager came back to me and denied he said this.
Assistant: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I have spoken to my manager and he denies saying it, tells me partner must have misheard him etc. I now find out they are opening new partners in my area but are giving them to other account managers. This is reducing my ability to earn and makes my contribution to the business look small compared to these other account managers. I have been asked to a meeting next week for a business review. So I feel I am being pushed out.
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: i am an employee
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: i have proposed other new partners but have been refused despite them being sound businesses.

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

Good Morning

Has your boss verified he was told this by the Partner?

Is there anyone that can verify what was said? If not then it is going to be hard to do anything.

Customer: replied 6 months ago.
He partner will verify what was said to him. But this would be his word vs my boss.
Also I have two dealer partners based in my area, Scotland and north of England, who have just come online but they have been all Dated to account managers who live out of area. This feels like I am being pushed out of the business. Is there a case for constructive dismissal from this angle?

Good Evening

Constructive dismissal is when you are forced to resign instead of them terminating you.

It is discrimination to decide on what work a person does based on age.

All employees should be treated the same and not discriminated against.

If you are being pushed to the point that you feel you have no other option but to resign then this may be constructive dismissal.

As you are still there you should be collecting evidence.

If you have meetings confirm what was said in writing after to the people that were present.

keep detailed notes on what happens etc.

This way you are preparing to have a case.

I hope this answers and assists you with your question today.

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