Hello,
I have been with my employer for several years and now I am being managed out by senior management.
Please recommend a good Employment Lawyer in Sydney.
Thank you
Recommend a Good Employment Lawyer in Sydney
Ozbarganator 2000 on 04/07/2016 - 20:36
Last edited 04/07/2016 - 21:12 by 1 other user
Last edited 04/07/2016 - 21:12 by 1 other user
Comments
I am being harassed to leave
Why do they want you to leave?
Being managed out of your role is not illegal.
Constructive dismissal is not legal.
Performance management is not always constructive dismissal.
It could simply mean that an employee is not performing their stated responsibilities to a satisfactory level, and after some performance coaching having not yielded results, a termination is made. This can take years.
Or it could be that the boss didn't like your shirt colour and then changed the role to be unachievable and sacked you as a result not performing to the new parameters..
The latter being an example of constructive dismissal disguised as performance management.
As mentioned by airzone already, being performance managed out of a role is not illegal and I have had to do it to a lazy employee that I could not fire due to our strong workplace laws that make it almost impossible to fire somebody unless they do something illegal.
Sure. Performance management is acceptable so long as it is metric driven and data exists that proves said metrics are attainable.
In the mean time make a log or diary of some sort with names,dates, what happened etc. It will be a lot easier to prove when the time comes.
Include email printouts, meeting minutes, etc. Plan for loss of access to any systems you would normally be able to use in the workplace. Don't delete anything you normally wouldn't have, as aside from making you look bad in front of your peers, it supports their argument.
Get an accredited specialist in employment industrial
https://www.lawsociety.com.au/community/findingalawyer/finda…
Do you want a lawyer because you are spiteful? Or do you want a lawyer because you have been unfairly dismissed? Being managed out of your role is not illegal. Being harassed to leave is, however.