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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 51442
Experience:  24 years experience. Admitted in New South Wales and the UK.
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My work has started an investigation against me due to a

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Hi there, my work has started an investigation against me due to a complaint, accusing me of a variety of issues, with one being substance abuse.
JA: Was the accusation discussed with a manager or HR? Or with a lawyer?
Customer: they went straight to HR, i suspect its because it was someone whom works in my team
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: Employee's, my manager was blindsided, as was I
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The profession I work in, has strict rules about operating the machinery, and an accusation like this could stop me ever working again

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

Good Evening

Do you know exactly what the allegation is?

Have they asked you to attend a meeting?

Customer: replied 6 months ago.
The letter states - "Broadly related of our polices and procedres, including but not limited to inappropriate communication and behaviour, allaged use of a prohibited substance, and failure to perform (my) AUL responsibilities effectively and safely"the only meeting i've had is me being told that this is happening

Good Evening

Does it say you are terminated?

What else does it say?

Were there tests where the prohibited substance was found in your system?

Customer: replied 6 months ago.
It does not say terminated, it in fact specifically says that the company has taken no side or opinions.There have been no tests at this point

Ok

They are investigating

You have to be prepared to answer the allegations once they call you into a meeting

They will have to allow you a support person and make sure you take someone with you.

If there is any truth to this you should be prepared with full knowledge of the procedure manuals and use it to defend the allegations.

Also make sure you are aware of the procedures they have in place for this meeting.

Do not get caught unawares.

If it is serious misconduct and they can show it is true they will terminate you

They do not have to advise you of who made the allegations.

The following explains the small business fair dismissal code

https://mccabecurwood.com.au/navigating-small-business-fair-dismissal-code/

It is for small businesses but also applies to larger busineses

It has cases in it so you can see what the court looks at

But at the moment it is a waiting game

Also if you dod not have any substance in your blood stream get an independent test now.

For your own protection

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

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Regards
Leon

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