NSW Threatened By Employer - Use Voice Recording?

Discussion in 'Employment Law Forum' started by Ash8652, 12 November 2016.

  1. Ash8652

    Ash8652 Member

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    I joined this company for the 3rd time. The 1st time was 10 years ago for 2 months, the 2nd time was 4 years ago for 2 years, and recently 6 months ago. I resigned last week after 3 times. Crazy, I know but I figured it wasn't really what I wanted.

    I bumped into my boss in the parking level and started to resign verbally. He abused me and called me the 'C' word like 5 times. As we got into the elevator, I instantly started voice recording the conversation without his consent... I felt threatened and could sense that the outcome wasn't going to be good.

    He proceeded to call me a liar and dishonourable and that he would actively tell everyone I was s&*t and unemployable (even though I am an honest hard-working person). Then his wife who also works for the company started to have a go at me.

    In the end, they said they would sue me and destroy my life if I went and worked for a client of theirs. I refused to disclose who I was going to work for so was sent walking off the premises and told they would find out and sue me.

    To my knowledge, my new job is not a client of theirs but they have sold/supplied software. One could argue that supplying software doesn't constitute the word 'client', but the resignation was so personal and ugly that I an concerned they will issue and injunction against me and stop me working in my field. This is my livelihood and I have a family to support.

    If they were to stop me starting my new job by way of an injunction due to breach of my contract, can I then use these recordings as proof of malicious intent and personal vendetta?

    I know voice recording is illegal but in cases like mine where I was intimidated and bullied just for taking a better opportunity, do I have any legal case?
     
  2. Lance

    Lance Well-Known Member

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    You probably have a few options, but it depends on a few different facts regarding your situation. If you decided to resign because they made you feel uncomfortable or you hated working there because of treatment regardless of your resignation you could have grounds for constructive dismissal.

    You would probably benefit from a brief discussion from an employment lawyer to see what action can be taken. Its just that depending on your agreement and the type of role and the type of business, it can affect what can be done. If your employment is covered by the national system you could contact the fair work ombudsman at the Fair work commission.

    This link might help: Resignation - how much notice? - Fair Work Ombudsman

    If you would like to speak with a lawyer in your area you can find one through this link: https://lawtap.com/au/
     
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