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Sean
Sean, Experienced lawyer
Category: Australia Law
Satisfied Customers: 852
Experience:  Law degree with 1st class honours from Australian National University.
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My workplace colleagues have advised me that the reason my

Resolved Question:

My workplace colleagues have advised me that the reason my boss has been coming down hard on me for the last couple of months is because she has been reading personal messages sent to my partner and friends on my personal phone that I leave on my desk. It isn't password XXXXX but she has shared that information with co-workers.

Legally I'm confused on my own position because my co-workers acknowledged that she has been giving me rougher treatment due to the nature of the messages sent to my partner/friends. But I'm aware it's an invasion of privacy, i'm just confused as to the workplace laws that would be supporting me and what I'm entitled to.
Submitted: 12 months ago.
Category: Australia Law
Expert:  Sean replied 12 months ago.

Hello and thank you for your question. My name is XXXXX XXXXX X would be happy to assist you with this.

There is no doubt that your boss has breached the law by looking at what is on your personal phone without your permission. It is trespass to goods and also a breach of the implied duty of mutual trust and confidence between an employer and employee.

Your boss shouldn't be treating you less favourably because she has read these messages. If she takes any action against you to terminate your employment as a result of this you will be able to bring an unfair dismissal claim.

Do you feel you could bring it up with her and talk it through with her? If not, is there someone you else in the company you could get help from, like someone in HR?

Sean, Experienced lawyer
Category: Australia Law
Satisfied Customers: 852
Experience: Law degree with 1st class honours from Australian National University.
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