VIC Employee Rights - Intercepted Personal SMS Taken to Employer

[ScaredMike]

Hi All,

I don't know whether this is the right forum to post this question, but I will give it a go and see what type of answers I get.

I was having a relationship with a colleague at work. On my own time, using my own phone and internet connection one weekend I thought that I was chatting to her. It was her mobile number but her device was really in the hands of her ex-husband so he intercepted all the messages to her.

Subsequently he took the content of the SMS to my employer and complained about "a disrespect for women" that was contained in the text. These text messages have now become the content of a complaint against me that her ex husband has written and submitted through my employer. Recently my work has asked me to identify if the SMS were sent by me.

What are my employee rights?

 

[Rod]

Do not admit to anything at the moment.

I'd be asking the employer why they are involved in a private matter and breaking Federal laws around the interception and use of private communications. I'd ask if they have a court warrant for this information.

I'd also mention it is a crime in Victoria to access a computer and stored data (a mobile phone may be considered a computer these days) Crimes Act 1958 - Sect 247G without permission. Does the other party/woman know this has happened?

I'd then suggest it might be a lose/lose situation for all parties if the matter goes any further and suggest it would be best for everyone to put this behind us and move on.

Keep in mind the employer may have HR policies around affairs at work and you should abide by those policies.

 

[Rod]

FYI, the first suggestion about Federal laws is a bluff, but the employer may not know this. However unauthorised access and use of a computer and its data is a real Victorian crime, with max 2 years jail.

 

[ScaredMike]

FYI, the first suggestion about Federal laws is a bluff, but the employer may not know this. However unauthorised access and use of a computer and its data is a real Victorian crime, with max 2 years jail.

Thanks Rod,

I haven't admitted to anything at the moment. I have also asked them to provide me with access to the metadata trail of the sms to prove it was actually sent from my phone.

If anyone else can offer any more help or any other tactics, I would really appreciate the assistance.