I just need some assistance to the following situation which I am facing at the moment, I will try and make this as simple as possible to understand.
I have been unfairly dismissed on the 1st of June 2015 from my organisation (terminated). Part of my employment contract, there is a section called "Data Protection, Security and Confidentiality Agreement" which I have sign. When I was terminated, I did not obtain any data or taken any confidential information from the organisation with me.
2 week later, I had mixed though whether to take it to Fair Work Australia or not for unfair dismissal, but required evident before submitting my fair work case, I decided to try my luck that night, and I manage to remote into the organisation network and found email communication between my manager/hr and FD (financial director).
I took screen shot of multiple email communication between my manager/HR and FD which shows that the termination was staged.
I lodge a FWC and during the conciliation one of the email was used again the organisation, the organisation decided not to pay and have taken it to the hearing.
I have now received a letter from the organisation lawyer stating that all information that I currently have must be immediately be cease, must not be publish or use confidential internal emails and report belonging to the organisation.
These email communication that I have obtains are my concrete evident which I will need to backup my FWC at the hearing.
What I would like to know is, what are the option available and what are my rights, does the "Data Protection, Security and Confidentiality Agreement" still apply to me even when I haven't been working there for more than 2 weeks?
any help would be much appreciated.
I have been unfairly dismissed on the 1st of June 2015 from my organisation (terminated). Part of my employment contract, there is a section called "Data Protection, Security and Confidentiality Agreement" which I have sign. When I was terminated, I did not obtain any data or taken any confidential information from the organisation with me.
2 week later, I had mixed though whether to take it to Fair Work Australia or not for unfair dismissal, but required evident before submitting my fair work case, I decided to try my luck that night, and I manage to remote into the organisation network and found email communication between my manager/hr and FD (financial director).
I took screen shot of multiple email communication between my manager/HR and FD which shows that the termination was staged.
I lodge a FWC and during the conciliation one of the email was used again the organisation, the organisation decided not to pay and have taken it to the hearing.
I have now received a letter from the organisation lawyer stating that all information that I currently have must be immediately be cease, must not be publish or use confidential internal emails and report belonging to the organisation.
These email communication that I have obtains are my concrete evident which I will need to backup my FWC at the hearing.
What I would like to know is, what are the option available and what are my rights, does the "Data Protection, Security and Confidentiality Agreement" still apply to me even when I haven't been working there for more than 2 weeks?
any help would be much appreciated.