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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44135
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Where do I start. I feel like I have been bullied by my

Customer Question

Where do I start. I feel like I have been bullied by my business manager for the past 8 months. (I am a receptionist at a school) . Last week she was extremely rude to me and had sarcastic remarks directed at me. I then found out she had been on my emails on 2 occasions and found this out from 2 separate people. I went in to ask her on Tuesday morning and she was deflective, and said a few degrading remarks at me so I stormed out of her office and said don’t speak to me for the next 2 weeks (after this she is going to another school) She them put a complaint in to the principal about my behaviour and said I was swearing at her and aggressive. The thing is I recorded the conversation out of fear this might happen and to protect myself. Can I use this recording to protect myself against an official complaint.
JA: Can you tell me what state this is in? And how long has this been going on?
Customer: Victoria, I work in a school and the email event happen last week but the harassment has been on and of for 7 or so months, I have bought this to the principals attention before and this time but not a lot seems to have happened.
JA: Have you talked to a lawyer yet?
Customer: No, just trying to get advice as if I go down the formal complaint line apparently I can be done for the recording
JA: Anything else you think the lawyer should know?
Customer: I am on stress leave for the past 2 days and next week. I have evidence she was not on facebook as she has said when she was on my email. Her comments on Thursday relate to an email I sent the principal earlier.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Evening

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

You cannot use the conversations in legal proceedings because she did not know about it.

Here is some detailed information about the law in victoria.

http://www.employmentlawonline.com.au/can-i-record-conversations-or-meetings-with-my-boss-or-employer-and-use-it-in-court/

If you can argue that you were protecting your interests you can use it.

But in this case tell the principal you recorded the conversations because you have been intimidated by her and to protect yourself.

If he wants to hear it then you can play it to him but in court you have to be careful.

All the best and good luck. I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon