WA Breach of Privacy Act - Redundancy?

[Pippa Wood]

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]

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.

 

[Pippa Wood]

Thanks so much for time Paul - would I request it in an email?

 

[Paul Cott]

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.

 

[Pippa Wood]

Fantastic- thanks so much for your assistance, you’ve been very helpful!

 

[Paul Cott]

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.