Data protection query

Ray13 · 26-06-2013 6:35pm #1

Hi

It has come to my attention that my ex employer recorded a phone call I made to him and he has submitted a transcribed version as evidence to the labour court, is this legal and what recourse do I have?

Eoin · 26-06-2013 6:59pm

A bit of info here: http://www.dataprotection.ie/viewdoc.asp?m=&fn=/documents/guidance/3gm3.htm

But I think you really need to be talking to a solicitor if it's gone to labour court.

Ray13 · 26-06-2013 7:02pm

Ray13 wrote: »

Hi

It has come to my attention that my ex employer recorded a phone call I made to him and he has submitted a transcribed version as evidence to the labour court, is this legal and what recourse do I have?

Yes I have a solicitor who isn't unduly concerned, I've attended a RC hearing and its adjourned... However I'm concerned at the invasion of privacy and am unsure how many meetings or conversations were recorded throughout my years of employment

drunkmonkey · 26-06-2013 7:09pm

He could have also kept a diary of incidents or times he spoke to you, that can be used in the labour court. He's perfectly within his right to keep such records in writing in case of going to court.
If your bib is clean you've nothing to worry about, but if he's spoke to you numerous times it's quite possible he's kept a record.

Eoin · 26-06-2013 7:16pm

The link above should give you a starting point anyway. I suppose you could start by putting in a request for all the data they have about you.

antodeco · 27-06-2013 8:11pm

My understanding that if it wasn't declared to you that the call may be recorded, it cannot be used as evidence, and on top of that, you can refuse to give permission as well.

shankespony · 01-07-2013 9:35pm

Doesn't sound right, i would expect you should be told if you are being recorded by Irish law and i'm not sure a tribunal would see that as good employer practice. If you have a solicitor they should keep you right.

Ray13 · 09-09-2013 11:08am

shankespony wrote: »

Doesn't sound right, i would expect you should be told if you are being recorded by Irish law and i'm not sure a tribunal would see that as good employer practice. If you have a solicitor they should keep you right.

Hi, i havent been logged into boards for a while. Further things came to light after the second hearing, ex employer submitted as evidence a personal email from my home pc mail to my solicitor, and i have now noted that they altered the digital signature by adding a recipient who I did not send the mail to. Is it illegal to alter a personal mail and submit as evidence to a court?

Michael D Not Higgins · 09-09-2013 1:10pm

You've mentioned you already have a solicitor. You should ask them for legal advice.

Ray13 · 09-09-2013 1:20pm

Ray13 wrote: »

Hi

It has come to my attention that my ex employer recorded a phone call I made to him and he has submitted a transcribed version as evidence to the labour court, is this legal and what recourse do I have?

Looking i am for other peoples experiences, i have taken legal advice however there is not much precendent case law on the topic, i would imagine such cases get settled out of court due to risk of company reputation. Also, as technology is progressing faster than employment law, these sort of problems will only increase. I would be interested in boards.ie users similar circumstances.

Michael D Not Higgins · 09-09-2013 1:25pm

Well firstly I'd ask how your employer has an email you wrote to your solicitor from your personal email address. Also, how the sending of this email to a third party affects the email. Thirdly, how they changed the email.

As a rule of this forum, we cannot give you legal advice.

Ray13 · 09-09-2013 1:34pm

Michael D Not Higgins wrote: »

Well firstly I'd ask how your employer has an email you wrote to your solicitor from your personal email address. Also, how the sending of this email to a third party affects the email. Thirdly, how they changed the email.

As a rule of this forum, we cannot give you legal advice.

I sent email to sol. Later i forwarded to colleague. Someone intercepted it, typed colleagues name in cc field, and i imagine printscreened it and printed it off. This person was trying also to place cloud over colleague and told director that colleague was in league with me by my using colleagues solicitor which was untrue. They used this email in court and stated it was an email from me to his solicitor. Colleague has since been covertly monitored and forced to resign over remaining in contact with me. He was suspended over records of phone calls, emails etc after i was sacked.

Ray13 · 09-09-2013 1:35pm

Ray13 wrote: »

I sent email to sol. Later i forwarded to colleague. Someone intercepted it, typed colleagues name in cc field, and i imagine printscreened it and printed it off. This person was trying also to place cloud over colleague and told director that colleague was in league with me by my using colleagues solicitor which was untrue. They used this email in court and stated it was an email from me to his solicitor. Colleague has since been covertly monitored and forced to resign over remaining in contact with me. He was suspended over records of phone calls, emails etc after i was sacked.

I am having the email metadata forensically examined soon however it is quite costly.

Michael D Not Higgins · 09-09-2013 2:18pm

I would ask your solicitor if this is covered by the Theft and Fraud Offences Act, if it is proved they altered the email to support their own case.

Has your former colleage taken an unfair dismissal case against the employer?

Ray13 · 09-09-2013 2:21pm

Michael D Not Higgins wrote: »

I would ask your solicitor if this is covered by the Theft and Fraud Offences Act, if it is proved they altered the email to support their own case.

Has your former colleage taken an unfair dismissal case against the employer?

Thanks, yes this research is for his upcoming case, too late for mine, but if we can prove their underhand techniques he will be in a good position.

Michael D Not Higgins · 09-09-2013 2:22pm

What was the outcome of your case?

Stereomaniac · 09-09-2013 2:25pm

I wish your colleague all the best. Sounds like a horrible situation to be in. Keep fighting the fight.

Ray13 · 09-09-2013 2:32pm

Michael D Not Higgins wrote: »

What was the outcome of your case?

I will find out in the next few weeks

Ray13 · 09-09-2013 2:34pm

Stereomaniac wrote: »

I wish your colleague all the best. Sounds like a horrible situation to be in. Keep fighting the fight.

Cheers thanks! What a peculiar bunch they were! We worked our knuckles to the bone without a complaint and were happy to do so. Interestingly were were highly paid and replaced with ppl for half our age and salaries.... Tells its own story.....

Michael D Not Higgins · 09-09-2013 2:55pm

Stereomaniac wrote: »

I wish your colleague all the best. Sounds like a horrible situation to be in. Keep fighting the fight.

Ditto on this, let us know the outcome.

Ray13 · 09-09-2013 3:09pm

Michael D Not Higgins wrote: »

Ditto on this, let us know the outcome.

Thanks guys, will do. Fingers crossed...

runawaybishop · 13-09-2013 9:52am

Ray13 wrote: »

I am having the email metadata forensically examined soon however it is quite costly.

Surely all you need is confirmation from your mail provider about who the mail was sent to?

Jim2007 · 14-09-2013 7:40pm

Ray13 wrote: »

Hi, i havent been logged into boards for a while. Further things came to light after the second hearing, ex employer submitted as evidence a personal email from my home pc mail to my solicitor, and i have now noted that they altered the digital signature by adding a recipient who I did not send the mail to. Is it illegal to alter a personal mail and submit as evidence to a court?

I don't see why they'd bother editing it... if they got it from a colleague of your's then it would be very important for them to maintain this link....

Data protection query

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