QLD Future employer lied about the reason offer was rescinded potential discrimination?

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MaddieF

Member
10 July 2024
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My fiance, Shaun, was recently employed at his stepdads place of work (an international construction company). He went through the usual process of employment but using a contact to get a foot in the door. Everything went well and he was under instruction not to let them know he knows his stepdad as the head of HR and the main hiring and firing guy hates him and would stop him being employed.

Because Shaun is a good and honest man he told the guy he had an interview with that he was stepdads son as he knew that particular person was on good terms. He went through the employment process smoothly and was told he had the job to the point they were asking for his size to order uniforms. But after his medical (he was confident he had passed and had resigned at his current place of work) he got a call asking him to not resign yet and there was something wrong with the medical. When he was questioned by the good friend that got him the interview apparently this man went through the entire office and interrogated everyone to find out how he knew about it (this friend is high up in the union).

It took a week to find out he didn't have a job quoting "there were a few issues" with his medical but not telling him what they were. He requested access to the documents through the 3rd party used for the medical. He just retook the spirometry rest to get a better result as it was not performed correctly the 1st time and the doctor said while the result was better there was NO REASON the 1st medical should have prevented him from getting the job. We have been lied to.

We feel he has been discriminated against as we know head of HR hates his stepdad to the point of not giving him work in QLD so he now works out of VIC instead doing FIFO work. The stess of impending unemployment, the loss of a job that would have freed us from financial stress and then a 3 week wondering what was so wrong with the medical and if it would impact future job applications has caused a tremendous amount of emotional upheaval.

Is there any legal action we can take? I would like to see this person reprimanded at the minimum and to be honest I'd like to see him lose his job if possible. We are good people and deserved this opportunity.
 

Rod

Lawyer
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27 May 2014
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Nepotism, and reverse nepotism is not illegal. It is bad management in both scenarios, but the law doesn't care.

He may have a claim for adverse action, best to see a lawyer because claims have to lodged within 21 days of 'dismissal'.
 

MaddieF

Member
10 July 2024
2
0
1
Nepotism, and reverse nepotism is not illegal. It is bad management in both scenarios, but the law doesn't care.

He may have a claim for adverse action, best to see a lawyer because claims have to lodged within 21 days of 'dismissal'.
Thanks Rod, it took us a long time to get results from the 3rd party who organised the medical and we would be nearing the end of the 21 days sooner rather than later. Is there any chance we could still have a case because we were forced to apply for this info, waiting on Dr appointments and potentially running out of time to make a case?
 

Rod

Lawyer
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27 May 2014
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Maybe. Often better to file first while still gathering your evidence.