Hi Mark
Please don’t worry about the multiple posts. I understand anxiety and I am here to support you. I must stress, however, I am not a lawyer—just a business owner.
You’re in a complicated situation but please know these kinds of issues in the workplace are surprisingly common. I know you’re worried about your job but your employer would be taking a real risk to dismiss you.
If I was your employer, I would not terminate your employment. This is because I think you would have a very good case for unfair dismissal and/ or adverse action. You can lodge two complaints.
Your employer is vulnerable on a few fronts. You were the victim of workplace violence and there was no proper investigation or support provided to you. You were then bullied by your manager and again no appropriate response. In addition, you were mislead about the real purpose behind the medical appointment.
On top of all this, you have become unwell because of this and suffered significant financial loss. (They will argue, however, it was your choice not to apply for WorkCover. You need to think about why you wanted to keep it internal to explain this.)
Are you sure you want to work for this employer?
If they take a risk and dismiss you, and you want your job, don’t get angry or say too much. I suggest this because one of the remedies at Fair Work, along with compensation, is to make your employer reinstate you.
You have 21 days from the date of termination to make a Fair Work claim or claims. Because it’s really complicated please get a lawyer to help you right from the start.
In the meantime, send an email explaining that you expect an outcome at the next meeting, as the excessive delay is unreasonable and causing unnecessary financial hardship and stress. Take a support person to the meeting, it always helps to have a witness.
Kind thoughts to you
