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VIC Police Check Ordered by Employer - Who is at Fault?

Discussion in 'Employment Law Forum' started by wjmcb, 6 June 2015.

  1. wjmcb

    wjmcb Member

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    Hello, I was injured in a police check ordered by my employer. I was in the third day of an illness. My employer acted in a way that suggested he led the police into thinking I was seriously ill, so they entered my home and I awoke to find them in my bedroom. No workcover legality as it happened in my home.

    WHO IS responsible ? My employer is at fault from my view as I have spoken to the police and they suggested that unless I was gravely ill or missing, they would not have attended. Where and what can I do?
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi wjmcb,

    I have never heard of an employer ordering a police visit on and employee before. Is this something they are able to do under the employment contract? Did you ask the police what right the employer had in requesting this?

    If you haven't already done so, I suggest contacting the Fair Work Ombudsman about this and enquiring about your rights in relation to the employer. It is unclear what powers the police had in entering your home without your consent and without a warrant. This could be a concern. Have a read of "Police Search and Seize Powers" and perhaps contact your local community legal centre about your rights in relation to the police.

    As for who is at fault, what injuries have you incurred exactly from the police visit?
     
  3. Ponala

    Ponala Well-Known Member

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    It sounds like the Police conducted a 'welfare' check which is a common occurrence. There are common law entry powers for Police in these circumstances to gain entry into premises if they deem it necessary. How were you injured though?
     
    Sarah J likes this.

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