I work in IT, and am I'm currently in a personal grievance case with my employer (unjustified disadvantage).
I am still working in the office, and I have recently discovered that they have been logging into my work computer using monitoring software after hours, only since the PG was raised.
When I confronted them on the reason for doing so they claimed it was "standard maintenance", but in reviewing the logs on the system I can see that they ran no maintenance tools, but did transfer potentially large volumes of data off my computer.
Furthermore, I can see that on the day I confronted them about the issue, they installed and ran "BleachBit" software on my computer - a tool used for irrecoverably deleting files. Additionally, about a week after me confronting them, they have installed maintenance software on the computer.
This is a work-owned computer, and I have a monitoring clause in my contract - It states that the employer may use surveillance equipment, including "email / internet use monitoring," for specific purposes like security, performance monitoring, or investigating loss. But it also includes "The Employer will abide by the provision of the Privacy Act 2020 when collecting and storing such information."
Have they potentially breached this term in my employment agreement, the privacy act, and "Good Faith"?
If I can prove this beyond-reasonable-doubt (i.e. via a forensic company) does this "breach of trust" potentially reach the threshold of constructive dismissal?
I would appreciate any advice, this has been an experience I wouldn't wish on my worst enemy.