VIC Workday and obtaining documents

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Alex25

Active Member
4 April 2017
6
0
31
Hello,

My new senior made jokes about revealing personal information about me (address, Dob etc) that he can now (manager change) see through workday. Complained to HR who spoke with him and was so convinced of his reaction (dumfounded etc) that I was instructed to apologise (which I have not). This senior colleague even bragged that he had my ph number and called me late at night and said he would 'come to my house'. HR knows this and either doesn't believe me or...

Also, does foi apply to private companies like call centres and their clients. I believe defamatory information has been shared internally and between the client and management. Do I need a court order to retrieve any and all emails pertaining to me, not just from the company I work for but also communicated by the client (on their servers) to my employer.

How about a discussion with HR about untrue allegations about me which I have reason to believe where doctored so the company could save face?

Thank you very much!
 

Rod

Lawyer
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27 May 2014
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Senior is older male, you are a younger female?

I'd be documenting everything now while you remember. Who you spoke to, date, time, method (phone, email etc), keep copies of everything relating to these issues.

Be prepared for an escalation in activity as it seems HR is disbelieving you, or to be sacked.

FOI only applies to government departments. If you want information you can request it directly, which probably won't be provided, or initiate court action and subpoena/seek discovery of records.

Suspicion of defamation is not likely to be enough to initiate court action, you need evidence.

Why do you think you have been defamed?
 

Alex25

Active Member
4 April 2017
6
0
31
Thanks Rod,

I am actually the oldest person there and male, so is my superior. I believe age discrimination might be at play here. Why he called me and threatened to come to my home? Not sure..my new manager is a bit of gym junkie so might have just been a power play. I also doubted he could see my information, guessing the ph call was to prove this.

I believe they would like me to simply quit as they have relegated me to entry level employee as far as tasks (been there 2.5 years). Employees who have been there 6 months have more senior roles. No explanation has been given despite my requests.

The documents I would like to see relate to my previous posts relating to the investigation for misconduct. Iam hoping a court would see this serious enough to compel them to provide as this may affect me in the future? Doubt this wille
ever be destroyed.

I actually wrote an email to HR outlining my concerns and we sat down to discuss my email but he skipped certain paragraphs, where I even suggested obtaining a subpoena as you suggested and he did not discuss this at all. Skipped right over it. Being in a 1-1 with HR is already intimidaying enough. I dont believe HR wants this matter brought up again at all.

I also complained that information pertaining to this investigation was uploaded to a public drive and a long time well trusted employee of the company informed me of this. Now at least I cannot access or see any other drives, so not sure what has been acted upon. Seems very fishy.

Thankyou
 

Rod

Lawyer
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27 May 2014
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OK.

I can't see any cause of action at the moment. Maybe bullying, but seems unlikely at the moment.

Might be time to update your resume.