Unfair dismissal?
Comments
-
Technically it proves remote access, using fraud, to make changes / create content to another's personal account is an offence.On the contrary, that case proves that unauthorised access to online accounts does amount to computer misuse under the act.
Premeditation is not a consideration in whether an offence has been committed under the act or not, and the relation between the offender and the victim is not pertinent, why do you think it would be?
I'd be interested to know what type of monitoring is being referred to in that particular case because all employers IT departments have the technical ability to look at emails sent and received through work email accounts, they don't need to "monitor" it as such, Office365 even retains deleted emails for 90 days by default which I have found useful when a little forensic work has been required. But if they were taking screenshots then yeah that's long been established as a really bad thing for employers to do.
My point about there being no relationship is that no consent could have been obtained. Something the OP could have given in this case.0 -
Technically it proves remote access, using fraud, to make changes / create content to another's personal account is an offence.
My point about there being no relationship is that no consent could have been obtained. Something the OP could have given in this case.
The overriding impression I get from the OP is that the linkedin account was personal, I would bet that the OP didn't sign a consent form saying that the employer could access her personal accounts after she was terminated from the company, that's not standard at any place of business.
Employers behaving this way just invites disaster, if the employee makes a criminal complaint that could create a real issue for the employee with a police investigation, in some cases it could perhaps result in an employee trying to claim damages in a civil court too. I don't know what they were thinking here!0 -
The overriding impression I get from the OP is that the linkedin account was personal, I would bet that the OP didn't sign a consent form saying that the employer could access her personal accounts after she was terminated from the company, that's not standard at any place of business.
Employers behaving this way just invites disaster, if the employee makes a criminal complaint that could create a real issue for the employee with a police investigation, in some cases it could perhaps result in an employee trying to claim damages in a civil court too. I don't know what they were thinking here!
Why do people not read over what they type?0 -
Civil damages of what? Where's the 'loss', quantify it.The overriding impression I get from the OP is that the linkedin account was personal, I would bet that the OP didn't sign a consent form saying that the employer could access her personal accounts after she was terminated from the company, that's not standard at any place of business.
Employers behaving this way just invites disaster, if the employee makes a criminal complaint that could create a real issue for the employee with a police investigation, in some cases it could perhaps result in an employee trying to claim damages in a civil court too. I don't know what they were thinking here!
In any case, there wont be any investigation at all. The police, thankfully, have a tendency to concentrate on 'actual' crimes0 -
Civil damages of what? Where's the 'loss', quantify it.
In any case, there wont be any investigation at all. The police, thankfully, have a tendency to concentrate on 'actual' crimes
I wasn't talking about this case, I was talking in a general sense.
Considering that someone was sentenced to a whole year in prison for compromising someone's Facebook account I wouldn't be so sure that they wouldn't investigate this crime.0 -
I wasn't talking about this case, I was talking in a general sense.
Considering that someone was sentenced to a whole year in prison for compromising someone's Facebook account I wouldn't be so sure that they wouldn't investigate this crime.
But they weren't sentenced to a year in prison for that. There we other factors which affected the sentence.
If I accessed your account I would not get 12 months in prison.0 -
Oh yeah I doubt you'd get 12 months for accessing someone's messages, but as an employer you'd potentially have all sorts of accusations levied against you by the ex employee which would be a pain in the !!!! to deal with if the police got involved . Best policy that I stick by is to retrieve important company data off the machine and then wipe it.
Moral of the story I guess is, don't use company computers for personal stuff and don't access employees personal accounts.0
This discussion has been closed.
Categories
- All Categories
- 343.1K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.2K Work, Benefits & Business
- 607.8K Mortgages, Homes & Bills
- 173K Life & Family
- 247.8K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards