QLD Resignation Terms in privacy request

[Bill Evans]

Hi, my wife recently resigned from her salary position and gave the required notice. Now on her last day she has been told that before leaving she will need to make her private mobile phone available for inspection to search for contacts she may use in the future and that she can not be friends with any work related friends on social media etc going forward.
Secondly, she has now been told she will need to sign a Restriction of trade agreement before she leaves that she has not previously signed. Should she comply with both requests? Thankyou

 

[Rob Legat - SBPL]

No, and no. There's no requirement that she do either - the first part is unreasonable, and the second part would only possibly be valid if she had agreed to it under the terms of her employment contract (and even then, it would be viewed suspiciously).

I would expect their next tactic would be to withhold pay and entitlements if she refuses. They can't do that either.

 

[Bill Evans]

Thankyou sir for the reply and information. I had already told her the same but pleased to know in general that her stance is somewhat justified. And yes your thoughts on what might happen next have already transpired so I am told by Fair Trade we will need to wait a period of 7 more days from todays severance date to see if they make good on payment. They would not make comment on the other 2 points so again Thankyou