WA Breach of Privacy Act - Redundancy?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Pippa Wood

Member
9 March 2019
3
0
1
Hi there,

I have been employed for 7 years at a goldmine and last year changed employers. One of the management team - a friend I socialise with told the new hr lady about my genetic disease. I was told countless times that if I didn’t go to the company appointed doctor that I would lose my job and now they are waiting for a report that says I am unfit to do my job!

I was hoping to get redundancy due to the privacy breach and hope this will be sufficient grounds for it?
 

Paul Cott

Well-Known Member
LawTap Verified
26 May 2014
279
92
789
Ballarat, Victoria
Hi Pippa,

It wouldn’t be a genuine redundancy if the employer terminated your employment on the grounds of privacy breach. But if you wanted to take a package, that is, a voluntary redundancy, that’s up to you. Privacy breaches per se don’t lead to real legal consequences. There may be a general protections claim here, if adverse action was taken against you for a reason of your condition.
 

Paul Cott

Well-Known Member
LawTap Verified
26 May 2014
279
92
789
Ballarat, Victoria
Hi Pippa, I would request a meeting, as more information can be discussed and imparted in a meeting, it’s sometimes better that way otherwise an email trail can lead to a lengthy back and forth and things in an email can be misconstrued.
 

Paul Cott

Well-Known Member
LawTap Verified
26 May 2014
279
92
789
Ballarat, Victoria
No problem at all Pippa. My pleasure to help. Be aware that even if one reason for any adverse action they take against you is your illness, you have a general protections/adverse action claim. Dismissal related claims though have to be lodged within 21 days of the day the dismissal takes effect. Good luck.