>Speaking from bitter experience (and as an ex-lawyer -
>but don't hold that against me !!), Howard is quite
>correct. The steps I'd take are;
>
>1. Perform a complete backup, preferably to CD, of this
>mail.
>2. Print a copy of it, with headers.
>3. Contact your lawyer.
>4. Contact the Police (in NSW, they have a Computer
>Crime division, not sure about Vic.)
>
>If he uses you as a referee for his next job, I'd
>certainly tell them about it - if you call his new
If you're considering taking legal action against someone then don't tell
anyone anything. Posting the amount of material that has already been sent
here is very unwise and may seriously affect your chances of winning.
Australian defamation/libel laws are very different from the UK laws and not
nearly so strict.
The only advantage I can imagine for posting on these lists is to subtly
inform people here that if a former employee of theirs applies for work then
a reference check should be done.
>employer and say "Listen, this guy did bla bla bla", it
>could be seen as slander and you could get in mondo
>trouble (we have a guy here who used the company
>network to view porn sites - yes, we have proof - but
>he claims it wasn't him and has threatened to sue if we
>mention his name in conjunction with this).
There is nothing inherantly wrong with using company network to view porn
sites. If I was hiring someone I wouldn't necessarily be put off by this, it
just depends on the amount of time wasted and whether anything else
unacceptable occurred (if someone feels the need to get undressed in any way
while viewing the site they should be sacked).
For example if a few of the lads spend half an hour quietly web surfing
after the Friday afternoon drinks then it's OK. Someone who spends an hour a
day doing so is obviously costing the company money. But there are more
people spending an hour a day doing IRC on company time than viewing porn.
One thing that people should consider is that no-one in their right mind
would use their own account for such things...
Russell Coker
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