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Question Details: I recently lost the job I have had for 39 years. During a mediation process I was advised that the reason for my dismissal was the submission of two customer complaints. I ended up signing a standard agreement which precluded me from challenging the decision. Later, I discovered (via notes gained under the Privacy Act) that one of the two customer complaint letters did not exist - despite the fact that my ex-employer gave me signed correspondence that there were two complaints. Does this constitute fraud? Can I legally challenge my ex-employer?
Filed under Employment Law | 1102 View(s)
Community Law Wellington & Hutt Valley
Unfortunately mediated settlements cannot be reopened even if they have been entered into based on a misrepresentation. It is surprising however that during the process you were not in receipt of the information you have now obtained, as this may be a breach of an employer's obligation to act in good faith and provide all relevant information when an adverse decision is being contemplated. The terms of your settlement may preclude you from challenging the employer on that separate front, however it may be worthwhile seeking further legal advice about the terms of your agreement. Note however that you may also have difficulties if this issue was not raised with your employer within 90 days of finding out about it.
Answered 1 May 2013. The IMPORTANT NOTICE below is part of this answer.
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