Employment lawyer #3 - Part 5 - Unacceptable and unfair legal advice - 2020

On 19 May 2020, I received unacceptable advice from JFMLAW / Andreyev; Unacceptable “process” and “system” for requesting a generally protected workplace right; Unacceptable conflict of interest later discovered given Clayton Utz lawyers’ menacing offence and a former senior partner, currently the Vice President of the Fair Work Commission; Unacceptable costs quoted to save one’s job and life from severe power imbalance and “aggression”, ironically for requesting a psychosocially safe work environment. Workers should not be put through this at all. 

The system is outdated and severely flawed. 

I include two points in the letter of advice from JFMLAW / Andreyev: 

• The arguments that may be raised by [the University], and the volume and the type of evidence. 

What about my volume of evidence? I was their client and I’m a qualified information manager! Here’s why they didn’t care beyond my being a little side money for them with $0 ROI for me : Employment law firms don’t exist to serve workers. They exist for businesses. Workers should NEVER have to “lawyer up” just for reporting psychosocial safety hazards and requesting some agreed boundaries for the sake of their health and wellbeing! The power imbalance alone makes this sham corrupt, UNJUST AND UNFAIR. 

And what evidence? A violation of the Privacy Act 1988 (Cth) by obtaining unlawful access to my private text messages, to use one message out of context in attempt to slander me? Or the medical fraud in a seven page report from a non-existent consultation with Deepinder Miller, yet another offence? Or the “connections” implanted by “political friends”, in the Fair Work Commission, despite my volume of legitimate evidence? 

This is human rights abuse and corruption! 

• How aggressive or obstructive [the University] may be.

JFMLAW / Andreyev actually wrote this! What did they know that I didn’t, at this time? Obstruction of justice is against the law, for obvious reasons! 

I will reveal what I uncovered that would result in obstruction of justice, next week, with an actual case that exists, on record, in the Fair Work Commission. 

https://www.judcom.nsw.gov.au/publications/benchbks/sentencing/public_justice_offences.html

And aggressive? How is this fair or relevant to requesting a safe work environment? Ironically, isn’t this greater victimisation and abuse? YES IT IS. 

How do the university “leaders” justify behaviour that’s “aggressive” or “obstructive”, with the Mission, staff code of conduct, values in Truth and Love, identity and ministry, Catholic social justice teachings, ethics, respect, empathy, community engagement, mentally healthy workplaces, zero tolerance of discrimination, harassment and bullying, privacy respect, compliance to WHS regulations and then workers compensation regulations? 

Instead, aggression and obstruction and fraudulent statements did happen, in breaching multiple laws and regulations, including committing offences under regulations, to deny my right to recover at work, in a safe work environment, while Catholic Church Insurance agreed to withhold payments and benefits and commit the crime of fraud as per Crimes Act 1900 (NSW) Part 4AA! 

I’ve had enough “aggression” and systemic abuse! 

Why does SafeWork NSW do NOTHING? 

I want answers!

I had said to this solicitor, I want to return to my work, it’s non-negotiable and my workplace right. I have such trauma and distrust of lawyers now. I still have not read this letter (or others) fully. 

Both State and Federal Governments allow such sham dealing, a big cause of suicide via industrial manslaughter, that no one has courage to talk about, call out and stop, with ethical and real action.

Document 51 has the spreadsheet my accountant created, of income and superannuation calculations from 2021, that I sent the employment lawyer on 19 May 2020, writing, “this is what I’m worth”. It was like I predicted the crime of fraud as wage theft and theft of two decades of accrued leave entitlements would result. 

I now also created a folder labeled “Financial Damage”, and started compiling the records of financial harm caused by criminal offences, from leaders in a publicly funded university and its corrupt self-insurer, registered as a non-profit with the Australian Charities and Non-Profit Commission (along with the blessing of my local member for Kogarah, now also NSW Premier, Chris Minns). 

As for the regulators, they were one big failure and dodgy themselves, in stopping the fraud, the financial abuse as criminal adverse action.

Here is another shocker. JFMLAW/ Andreyev quoted $40,000 to take my non-existent matter (because it’s all defamation, via fraudulent medical reports and illegal access to my private communication), to the Fair Work Commission. It is malicious and vexatious retaliation, as adverse action. Like I said, luckily I dodged that bullet given what I uncovered. Sadly, others were not so lucky. It’s time for a redress to miscarriage of justice in the Fair Work Commission. 

So I was quoted the price of a new car and likely full blown destruction, just for requesting a few agreed boundaries for a safe work environment. 

Instead of a few agreed boundaries to work with dignity, as per Mission statement and staff code of conduct, and WHS regulations, I was expected, in this corrupt system, to hand over a shitload of money I worked honourably for, all for the benefit of the university community, to be further abused and attacked by their “friends” in the Fair Work Commission. 

Do the readers see the obvious problem and actual cruel human rights abuse issue against workers? 

It should be renamed the Unfair Work Commission. 

This is the truth about the sham deal we have in the Fair Work Commission. This is the deterrence to coerce employees to “accept” retaliatory abuse as adverse action for requesting generally protected workplace rights under the Fair Work Act 2009 (Cth). This is the bullshit power abuse in our bullshit Fair Go society. 

If this is what happens when a supposedly top notch law firm does this to their client, we all know Legal Aid has no proper funding or will be of any use in employment rights. Besides, employees like me likely don’t qualify for Legal Aid. We’re the middle income earners who happen to work in an organisation who has resources to abuse their staff, and “connections” that result in systemic abuse of power. You are denied procedural fairness and natural justice no matter where you turn. 

The only place workers should have to turn to, in these incidents of WHS harm, is SafeWork NSW. At the moment, if you do, expect to be told by a SafeWork NSW inspector “I’m not here to play he said she said” and “well all they’ll do is show me their policies and I don’t want to ruffle feathers!” Oh, and the SafeWork NSW inspector felt “sorry” for me. I didn’t want their fucking pity, I wanted them to stop the relentless harassment, mobbing, stalking and abuse and keep me safe in my job! 

Right now, if you contact SafeWork NSW, don’t expect a trauma-informed response and an order to stop the reckless conduct with intent to cause harm. Expect further abuse from SafeWork NSW and compounded trauma.

It is human rights abuse. 

This is the reality of the Australian University sector. We are a knowledge based world now. When are “ethical” ministers in government going to finally wake up and realise the huge new type of safe work hazard destroying lives of workers and their families? Both Federal and State ministers and regulators talk a lot about managing psychosocial hazards and risks but do NOTHING TO ENFORCE REGULATIONS AND COMPLIANCE. 

So what is the cost in relation to the human factor, beyond the financial cost? 

To be continued in a post next week titled Unfair Work Commission - denying employees their generally protected rights. 

This post was based on documents 51-52. 

JFMLAW/ Andreyev appeared to be representing someone, but it definitely wasn’t me, their client.