Unfair discrimination and procedure?

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Unfair discrimination and procedure?

Unread post by Sephiroth » 31 Jul 2016, 04:48

A day before terminating employment with my then current employer and commencing employment with my new employer (section 197 transfer) an IT audit was performed in our dept on our PC's. Prior to checking my PC I was asked if I had anything to declare and I did admit to having movies amd a torrent program on my PC. The audit began and found as I haf declared but he searched other things like pictures 6x on othe the work PC and my personal external drive (most likely looking for porn content) but none was found. The search invloved the presence of my head of dept who performed the search, legal representative, hr business partner and process and control representative. Upon completion other employees were searched as well but during that time I was in a meeting. Upon returning the audit team excl. process and control representive called me in for a another meeting where they subjected me to further questioning being done by the legal rep and them taking notes. Upon conclusion I was aked to remove my PC feom the network and in fact was told not to use it or login which I complied and minutes later it was removed feom my desk by another manager and I was handed a new one to work on. Having all this happen I asked the other employees if they had similar content on thwir Pc's found and ghey said yes but all were surprised that I was the only one having such further measures taken (further questioning, confiscation of my work equipment etc.) the following day, which was the last day of employment with the then curewnt employer within an hour left of the workday they handed me a suspension with pay letter for breach of IT policy(to conduct forensic testing) with pay they asked that I do report to the new employer the next day. The next day on commencing duty with my new employee they too upheld the suspension ( 197 law).
Its been 30days and no disciplinary hearing has been scheduled yet additionally the other employee whom also was found with similar content and transferred also was not even as much given a warning. I suspect my previous employer wants me to be dismissed which I I feel is harsh penalty for this situation given that he went to great lengths in such a quick time to have the suspension done and only on me and none of the remaining or transferred employees.
Additionally though my new employer has paid my salary though they have not paid the full amount with other monies specified on the contract signed. More so I cannot get touch with any of the contacts I was told to contact if I needed anything e.g. pay slip, updates on my suspension even though I have left voice messages etc. I do not have their other contact details.

Is there a case of unfair discrimination and unfair procedure , also possibly trying to motivate a constructive dismissal involved here?

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