NSW Unfair Dismissal - Sue Employer for Illegally Obtained Private Information?

[Jmalek]

Hello all,

I have suspicion that my former employer illegally came about my private information, through personal contacts in a government agency, that ultimately led to my termination. Is there a way I can force my employer to reveal the whereabouts of this info by taking them to court or suing?

I have already gone through unfair dismissal process to no avail. I need to know how they came about this info. Your thoughts would be of great help.

 

[Rod]

You can only subpoena information if you have a cause of action and a case filed at court. As you lost your unfair dismissal hearing it may be hard to try that avenue a second time. Any other complaint against your ex-employer?

 

[Jmalek]

Thanks. The unfair dismissal case was not lost but actually discontinued.

Is there still another avenue away from fairwork, on the basis of my ex employer potentially using personal contacts to illegally find information and possibly breaching privacy. I want to pursue this and find the truth of the matter. Do I need to find a lawyer and open a private case?

 

[Timnuts]

Hi there guys

My ex, all whilst still in federal family circuit court to date, has tried to talk to both my ex-employers to benefit herself and trying to get the upper hand. I do believe she has done so by announcing that I have earnt a sum of money in the past few financial years.

The only information my boss and his wife running the payroll and books could or disclosed to my ex-wife, then would fall under a breach of privacy information under the business he runs and my privacy with him and his wife being employed full-time. is this a major breach of my privacy?

Can I hold both my ex-wife and both my employers accountable, along with my previous employer before that for breaching my privacy on a professional level and giving out my personal information and details without my consent?

 

[Rod]

Do i need to find a lawyer and open a private case?

Yes. The 21 day window for unfair dismissals claims may be a problem though.

is this a major breach of my privacy???
can i hold both my ex-wife and both my employers accountable
along with my previous employer before that
for breaching my privacy on a professional level and giving out my personal information and details without my concent

Unlikely. Most small businesses are exempt from the Privacy Act and penalties are light anyway.

 

[Timnuts]

Hi there again

I just want acknowledgment from the business owners. I have already caught her breaching my privacy with my vodafone account claiming to still be my wife and have all docs to prove it. This will just be another breach on her behalf to try and gain an upper hand in the federal family circuit court.

I followed all the rules and she needs this to pump up the judge and my avo with the vodafone statements that she provided sapol are all records on my mobile phone carrier admissible thereafter for illegally obtaining them without my consent and then passing them to a government agency to benefit herself being sapol

 

[Rod]

You can ask, and should ask, to have them declared inadmissible however it is up to the judge's discretion to decide whether to admit the evidence.

 

[Jmalek]

Thanks again.

This is no longer an unfair dismissal issue for me as I do not want my job back, and I have happily moved on to new work.

For me, it is a matter of finding out the truth about how my ex employer found this information. Is this still considered an unfair dismissal issue? Even if I want to pursue this by any other means?

 

[Rod]

Is this still considered an unfair dismissal issue? Even if i want to pursue this by any other means?

You need a legal issue to pursue against someone. Is it against the employer or the Government agency? Going to be hard to prove. If the 21 day window at FWC is still open you can request the information from the employer as part of the FWC process. May not get it, but depending on how important it is to you might be worth trying.