QLD Redundancy - Ex-employer Calling and Accessing Dropbox?

[Pinchy]

Hello, I wonder if anyone can give me some guidance.

I was a Full-Time permanent employee, had been with my former company for 2+ years. On Friday 24/11/17, I was told my role was redundant, effective immediately. This was a complete shock to me, there had been no issues raised about my performance or results, and I was right in the middle of several projects, one of them quite large. I suspect this is not a true redundancy, but that's not what I need advice about.

This morning I received a phone call from my former employer asking about work completed for a particular project. I advised that the only work completed had already been emailed to a colleague, and that answer seemed to be satisfactory.

A few hours later, I received notification that my personal Dropbox had been accessed by someone in the suburb my former employer's office is located. I immediately changed the password, and emailed my former employer asking whether it was someone at the company who had done this. I have been advised that none of my personal information was accessed, but that "work related files were retrieved".

The only files in that folder had already been made available to my former colleagues via the company's SharePoint site. The information is of no use to me now I don't work there, and has since been deleted.

So my questions are:

1 Can my former employer contact me about unfinished projects?

2 Is it legal for my former employer to access my personal Dropbox account?

Thanks in advance for any help you may have.

 

[Rod]

1 Can my former employer contact me about unfinished projects?
2 Is it legal for my former employer to access my personal Dropbox account?

1. Yes. However you have no obligation to reply. In fact I would have said "no problem, pay me $x per hour, minimum y hours (say a day or 2, depending on their needs) where x is tempting enough to make it rewarding enough for you, but not so high as to frighten them away

2. No. This is a crime and can be reported as such. Their counter-punch though maybe to say you stole business property and report you for theft. Dangerous ground to play unless you have very clear evidence you were given permission to use your private account for work purposes. Tread carefully.

 

[Pinchy]

1. Yes. However you have no obligation to reply. In fact I would have said "no problem, pay me $x per hour, minimum y hours (say a day or 2, depending on their needs) where x is tempting enough to make it rewarding enough for you, but not so high as to frighten them away

2. No. This is a crime and can be reported as such. Their counter-punch though maybe to say you stole business property and report you for theft. Dangerous ground to play unless you have very clear evidence you were given permission to use your private account for work purposes. Tread carefully.

Thanks, Rod. I am seeing my solicitor tomorrow. I will get his advice about whether I have an unfair dismissal claim, and what I can do about this breach of my privacy. My former employer has admitted what they did via email!

And as for scenario 1 - they could not offer me enough money to go back!!!

 

[Rod]

Ask your solicitor about the unauthorized access to your personal property. Generally these are state based laws and I don't know the QLD laws on access to private electronic accounts.

 

[Clancy]

Calling you asking questions after firing you?, wow, they got a hide!
Where you leave a job and expect to remain on good terms, it is in your best interest to be co-operative so that you can use them as a job reference, but if that is unlikely to be possible, i would tell them "don't call this number" and hang up.

 

[Pinchy]

Clancy, I completely agree that they have a hide. My supervisor and I are on excellent terms and were made redundant on the same day, so I have no need to remain in contact with this company.

For anyone playing at home, the way to lodge a complaint about breach of privacy is through the Office of Australian Information Commissioner.