A member asked over 7 years ago

Defence member transitioning to civilian

I believe that I'm bing purposely having my time wasted by the d fence force despite them knowing my personal circumstances are incredibly bad. I also think that they are placing more and undue stress on me for no reason by lying to me by saying they have support they can offer me but those options don't help me and by trying to find more reasons to discredit me. My question is what can I do knowing my employment is being terminated definitely? I don't want to fight it and I'm happy to leave

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. If you are a public servant working for the Department of Defence, you can lodge a formal complaint about an unfair or unreasonable action taken in relation to your employment. This is called an application for a ‘Review of Actions’. Your application must be in writing and explain what is causing you concern and why. Your application will be assessed and, if appropriate, investigated and steps taken to resolve the problem (such as mediation or conciliation). If you are dissatisfied with the outcome, you can request a further review by the Merits Protection Commissioner. More information on how to lodge a complaint can be found on the Department of Defence website (www.defence.gov.au/complaintresolution).

If you are an active member of the Australian Defence Force, you need to lodge your complaint as a ‘Redress of Grievance’ application. The matter will be handled by the Directorate of Military Redress and Review. You can contact your appropriate Service Liaison Officer for more information on how to lodge a complaint, or call the Inspector General of the Australian Defence Force on 1800 688 042. If you are not satisfied with the outcome, you can lodge a further complaint with the Defence Force Ombudsman, which is part of the more general organisation known as the Commonwealth Ombudsman. You can lodge a complaint online (www.ombudsman.gov.au) or by calling 1300 395 776.

The above complaints processes may require you to prepare a written statement outlining your complaint and, if relevant, gather supporting documentation. Resolving your complaint may also take some time. If you would rather not ‘fight’ the issues you are facing at work and you are ‘happy to leave’, you may have the option of simply resigning from your position. How much notice you must give your employer before resigning will depend on the terms of your employment contract or the award or enterprise agreement you are covered by. You should check your employment terms to familiarise yourself with the resignation process, or speak to a human resources representative at your workplace.

Note that some of the complaints processes above may not be available to you after your employment ends.

Suggested way forward

You should try resolving your issues using one of the complaints processes outlined above. If these are unsuccessful or if the matter escalates, you may want to speak to a lawyer about your legal rights and options. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 7 years ago   Legal disclaimer

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