QLD After advice after private messages have been accessed and read

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Oscar028

Active Member
12 April 2018
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management has “come across” a colleagues Facebook account and preceded to read our personal conversations via messenger and then have forced colleagues resignation and decided to performance manage me based on the comments/replies they have read. They told me they are within legal rights to do this even though I used a personal device.
Management have gone back months and months-printed out conversations-work related and personal conversations. I have since resigned but wish to take this further-what advice do you give?
 

Clancy

Well-Known Member
6 April 2016
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2,289
Ok well the issue with Facebook and employers that comes up from time to time relates to 'public' comments on Facebook, not private ones. Your privacy has been breached.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
See an employment lawyer.

If you are within 21 days of resignation move ASAP else you may lose some of your rights.

You may have a cause of action against the employer but breaches of privacy are not going to give a large payout, if any at all. You may be able to claimed a 'forced resignation' and it would be better value but you have 21 days to do it.