Privacy breach? Worker fired over fundraising email for cancer-stricken colleague - HRD America
Worker accidentally exposes 850 email addresses during employer-approved fundraiser
The Fair Work Commission (FWC) recently examined an unfair dismissal claim involving a dump truck operator who was terminated for "serious misconduct" after sending a fundraising email to colleagues.
The case arose when the worker organised a charity shirt sale to support a colleague diagnosed with advanced cancer, but accidentally exposed personal email addresses of approximately 850 employees and contractors.
The worker argued she was acting in good faith to help a seriously ill colleague and had received approval from management to organise the fundraiser.
She maintained that her mistake of using "cc" instead of "bcc" for email addresses was unintentional, and that she had sought guidance from her manager who failed to respond to her requests for direction.
The employer contested the worker's claim, arguing that she had been dismissed for serious misconduct after knowingly disregarding instructions and breaching privacy and confidentiality policies.
The company claimed the worker had caused reputational harm and exposed the organisation to potential liability under Australian Privacy Principles.
Cancer fundraiser gains management approval initially
The employment relationship began in 2021 when the worker started as a plant operator at a Queensland mine.
She approached the project manager to organise a fundraiser to support a colleague diagnosed with cancer, seeking approval and...
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