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Not sure what happened to my other thread, got locked for some reason.
Anyways update (for context read my other post within this sub reddit https://www.reddit.com/r/AusLegal/comments/14e4do0/worked_2_jobs_1_found_out/?utm_source=share&utm_medium=android_app&utm_name=androidcss&utm_term=1&utm_content=share_button ) in brief took on another job (remote), so had 2 fulltime roles but worked long hours to complete the work which wasn't fun, no conflict of interest between employers, both marketing roles. Just on 11 months with second job, Monday video call from CEO saying they found out I had another job (employment contract clause about other employment was ambigous at best), stood me down without notice, came back today with an email terminating me.. never had a cross against my name for performance issues or attendance during that employment period.
Got an email saying I've been terminated effective immediately due to misconduct and breach of contract (didnt actually specify what part of the contract), also some really uncalled for personal jabs stating 'Your actions were driven by greed and personal gain, at the expense of others.'
He finished off by saying he has a 'duty of care to notify my current employee about the situation, and he is giving me a week from today to tell them first as courtesy' which sounds ridiculous, seems like a threat and bullying.
I was just part of the marketing team, the financial business is B2B lending (non bank) which isn't regulated by ASIC which is usually the case with banks, mutual banks etc the other is sportsbetting.
well have been officially terminated from Job 2. Now just trying to sort the issue of that employer thinking he has a duty of care to tell my other employer like its a threat.
I reckon so to, he is only doing to be vengeful, no other reason.
I'm speaking to a lawyer tomorrow, the initial talks I've had with them have been positive in the fact that there could be a solid unfair dismissal case because of the way things have been handled by the employer.
Thanks for your response. I've already been in talks with a lawyer last night and this morning and has the exact same view.. I wouldn't of been pushed to do this if he wasn't being so vindictive about the whole thing in trying to destroy my relationship with my current employer unsolicited
yeah apologies for how it sounded... I've had advice from some unfair dismissal places to pursue one but to be honest I'm actually relieved that I don't have that hanging over my head anymore and its done to some degree.
My main concern is Employer B overstepping and telling Employer A, the manner is has told me in comes across as vindictive, threatening and what I perceive to be bulling.. so yeah, that's why I'm getting a lawyer involved, so they can formulate a correctly worded response to the termination.
I believe Employer A would be fine, obviously they would want to have a talk to me about but I'd rather not let it get to that point.
Just to add, I'm not contesting the termination... I'm more concerned about the fact he thinks he has a 'duty of care' to tell my other employer.
yeah it seemed like no due process was followed at all... that's the legal advice I have also, same with the alleged 'serious misconduct'
does a second job constitute serious misconduct?
mad yes, but none of that was ever an issue, if I was I would of had a performance issues cited... that was never the case, they were as far as I knew happy with my work an output.
How is a B2B finance company a conflict of interest with a sportsbetting company which is B2C? We can't lend to individuals, only companies and on the other foot, companies can't open up sports betting accounts only individuals.
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Fingers crossed, hopefully the lawyer can put a stop to it, possible a defimation, slander / bullying thing not sure. Not as if they need to do it, employer a isn't asking for a reference.
No worries, the only reason I pretty much killed myself over 2 jobs was to keep up with the cost of living and provide for my family, not out of greed.. so hearing some of those horrible accusations thrown at me really sucks.
But yeah, probably a heap of people having 2 jobs now out of necessity.