NSW What are My Employee Rights in Retail?

[dylmac87]

Hello,

I work in retail for a fishing and camping company, and I have been working there for the past 7 years. Recently, I have been noticing certain staff and managers watching me blatantly and suspiciously while I pick items to send to customers (I work in internet sales, we pick and pack), and even while purchasing fishing items of my own for personal use.

I have spoken to management and the general manager, who also thinks I'm stealing. They tell me not to worry, blah, blah, and to just ignore it. But It's getting to the point where it's eating me up inside when I go home after work or even while I'm at work after I've seen someone doing it.

We have a lot of theft in the store, as you do with all retail, but you would think being there for so long that I'm a little more educated than to steal. I have also had my emails looked at over my shoulder discreetly. I would like to know what my employee rights are and if I should take this further?

Sorry for my English, I've had a few beers...

Regards,

 

[Sophea]

An employer is not able to fire an employee where allegations of misconduct have been raised unless they first investigate them. Unfair dismissal may result from an employer firing a worker without substantial evidence of the alleged misconduct.

It sounds like its not come to that point yet however. In the meantime if this behaviour is taking on a bit of a harassing tone, it may even constitute workplace bullying on some level. At present the most direct legal rights you have with regard to bullying are if you have suffered a workplace injury (depression / anxiety) as a result of the behaviour. However it is a defence to any allegations of bullying or harassment if your employer is taking reasonable management action.

Also, just an interesting extra.. s314 of the Crimes Act 1900 (NSW) makes it a criminal offence for a person to make an accusation about another person intending that person to be the subject of an investigation, while knowing that they are innocent. If you have become the subject of an investigation as a result of a false accusation, the accuser can be arrested and charged under s314 of the Act. Just so you know...if it comes to that.

 

[dylmac87]

An employer is not able to fire an employee where allegations of misconduct have been raised unless they first investigate them. Unfair dismissal may result from an employer firing a worker without substantial evidence of the alleged misconduct.

It sounds like its not come to that point yet however. In the meantime if this behaviour is taking on a bit of a harassing tone, it may even constitute workplace bullying on some level. At present the most direct legal rights you have with regard to bullying are if you have suffered a workplace injury (depression / anxiety) as a result of the behaviour. However it is a defence to any allegations of bullying or harassment if your employer is taking reasonable management action.

Also, just an interesting extra.. s314 of the Crimes Act 1900 (NSW) makes it a criminal offence for a person to make an accusation about another person intending that person to be the subject of an investigation, while knowing that they are innocent. If you have become the subject of an investigation as a result of a false accusation, the accuser can be arrested and charged under s314 of the Act. Just so you know...if it comes to that.

Hi Sophea,

Thank you for the reply.

Should I see someone about this? Maybe a lawyer? I have been told to document everything, including times and there behaviour... I'm really unsure what to do.

The GM (the one that thinks I'm stealing) will be taking over the business in Jan, and I'm fairly sure he is going to try and get rid of me. But I will just do my job like normal. I wish I could have some type of observer, because personally I think it's boredline harassment.

I will keep that S314 of the Crimes Act in mind.

Thanks

 

[Rod]

for a person to make an accusation about another person intending that person to be the subject of an investigation

Also keep in mind that defamation can also occur if the bosses attack your reputation in front of other employees without a proper basis.