I'd like to know if I would be in breach of someone's privac…

Firstly, would that premise still apply (defamation or discrimination if the discussion leads to her not getting the job) if the person hadn't lodged an application at the time I sought the opinion of my team?

Secondly, as advised in my initial question, I requested a copy of the relevant policies that I'm allegedly in breach of, however, I was denied access to them and the company failed to provide them at my request before I was dismissed.

The written warning letter I received states the following,

1) "Blatant disregard for privacy

On being advised yesterday that an ex-staff member (Amy) was a possible candidate for a current advertised position within your department, this information was provided to several staff members, in direct breach of the applicant’s privacy. Not only is this totally inappropriate, it places not only yourself, but Guardian at risk of litigation."

There was no "application" at the time I discussed the potentiality of her returning with my staff. The alleged victim was rehired as a leasing consultant and is still employed by the company.

2) Intimidating and manipulative behaviour towards teammates

On advising team members of the above application, team members were placed in the position of being queried as to their opinions on what issues they had with this occurring. On a previous occasion you used this same tactic in and endeavour to manipulate your team into siding against another team member returning to work from maternity leave, which created serious unsettlement and confusion within your team and once again, you have created the same.

3) Direct disregard for instructions

During our meeting last week, I was very clear that you were to cease gossiping, cease creating division amongst your team and cease negative behaviour actions. I made it very clear, that as a manager, you had a responsibility to provide a positive environment for your team in which they did not feel attacked, placed in defensive situations or involved in management issues, not pertaining to them. I also clearly explained that none of these traits are considered leadership traits and as such, these are not something that can continue if you are to maintain your role as branch manager at Guardian Springwood.

3a. In addition to the above, this letter also serves as a warning of your constant absence from work in the afternoons. As you are aware from previous discussions and communication, all property managers are required to return to work after their last appointment, except where an unexpected issue has prevented them from doing so. Unfortunately in defiance of these instructions, you have continued to be absent for hours on end and not return to work. We have also had occasions whereby appointments have been duplicated and moved from another day to the current day, at the last minute, which I believe only serves as an attempt to cover these constant absences. These absences have become “expected” amongst your team, to the point that this creates laughter when your whereabouts is questioned.

3b. The above concern also applies to your routine inspections. As you are aware, you have a reoccurring appointment for your inspections and an hour for travel, which should not always be needed, especially given that both Algester and Calamvale are between 15-20 min drive from the office. What is occurring however is that you are not returning to the office, resulting in you being absent from 1pm. With a portfolio of 83 properties (requiring less than 5 inspections a week to complete within 17 weeks), there should be no need for you to be absent for 4 hours to complete these. Besides the impact on the business and your team, this also places limitations on the cars available as a result of these constant absences.

All of the above accusations are blatant lies and I have evidentiary documentation that will support my refutations.

With regard to the termination of employment letter on the grounds of serious misconduct, the details of my termination are set out below:

1. Serious breach of your employment contract and associated company policies

2. Fraudulent use of company equipment for personal business use.

3. Theft of company resources and intellectual property for personal business use

4. Serious risk to the reputation of Guardian Property Management's core business

5. Serious neglect in carrying out lawful and reasonable instructions as part of your employment, placing both Guardian Property and their clients at risk.

The inferences made in points 2 and 3, where she claims that I have fraudulently used company equipment for personal business use and theft of company resources, are blatant lies.

What the State Manager is referring to in both points, is a single family member of mine (who currently leases a property managed by Guardian Property) who was approached by me, for the purpose of joining a business I'm involved with. I never approached anyone else for this purpose or any other purpose.

I only require legal advise on these points (because the remaining points being 1, 4 and 5 and those points from the written warning letter section), because I can substantiate the rest by myself.

Thank you