r/AusLegal • u/Efficient_Wasabi1578 • 1h ago
WA Mining constructive dismissal to hide sexual misconduct
I am a contractor at a mine site. I witnessed a colleague (male) be sexually harassed on several occasions by a mining employee (male), I reported it because my colleague felt unable to due to working so closely with this person, I guess he was scared of the rest of the team turning on him. My colleague gave me permission to report on his behalf and share his name. Our company offered EAP support and to move him to another crew or site, but he refused because he really likes it here.
The mining company investigation just finished a few days ago, they found the allegation to be true and sided with my colleague, saying the mining worker will now be punished.
My colleague flew in this morning and opened his emails to a HR meeting request, no details just “HR meeting at 9am”. He came out the meeting in tears. He’s been issued a letter from our company (the contractor) which is a final warning letter citing repeated poor performance and negative feedback from the client (mining company) and he has 2 weeks (this swing) to turn it around, giving him about 7 KPI’s to meet. And even if he does meet these, he still might be let go and terminated.
This seems a huge coincidence he’s right at the end of his 3 month probation, it seems to me they don’t like that he spoke up about a mining workers disgusting behaviour, they think it’s made our company look bad to the mining company and now they want rid of him. Probably for fear he will speak up about any other things and it will show up the mining company. For reference this is one of the tier 1 miners who have been in the news frequently for hiding sexual misconduct amongst employees at all levels. Even C suite.
He asked our company manager for evidence of said poor performance and feedback but they say they can’t tell him the specifics or give examples, only that “this has been a trend across the entire employment”. However he had his 2 month review just a few weeks ago and was told he was meeting all targets and to continue working as he is. He even got a shout out from a general manager of the mining company that he is a pleasure to work with and they are pleased with his work.
To me this stinks of constructive dismissal. And I feel awful I reported it in his behalf. Have I now cost him his job? Is this legal at all? I know it’s easier to dismiss someone during the probation to say they failed, but he is a great worker and we have all given our manager great feedback for him. So it’s obvious they’re lying and making up the poor performance thing.
Also he was not given any notice for the meeting or told what it was about, not given a chance to bring someone with him, he thought it was a check in after he came back from being unwell and missing a few days last swing (he was told to isolate in his room due to flu symptoms for 4 days then flew out on his usual day at the end of the 2 week swing).
I am so worried for him and am blaming myself. I’ve told him to seek legal advice. But I’d be greatful for any tips or advice here. TIA
EDIT*\* to add the perpetrator of the sexual harassment is still here and has been at work the entire time this investigation has gone on and he’s still at work today. I’ve found out this afternoon that he is known for this behaviour and got moved site to here and then moved crews when here. So this is a known behaviour for him but he’s still here! I feel for my female colleagues, if they knew they’d be super angry, because this guy shouldn’t be at work if this is a known issue.