Fema Employment

Photocopying your own employment appraisal (signed agreement form), is theft?

Dear Yahoo Community, I am writing here to seek advice, because my wife has talked to me with concern about something that has happened in her workplace today. She works at an ABC Childcare Center located in QLD. She has told me that the area manager and HQ had a meeting with her today, and she discussed with them about an incident where her manager had forged her signature on her appraisal review paperwork, without her consent. When she openly admitted to having a photocopied copy of her appraisal at home, the area manager told her that she does not have the right to have a copy of this form, and that it is stolen property. They have Insisted that she find this form, and bring it back to them to be destroyed on site. This seems very alarming to me, because there is no law that states that the employee is NOT entitled to view. or keep a copy of his or her own personal record with that company, weather they are still employed, or terminated from employment. Because there is no law against her being in the possession of a copy of her own signed agreement, it appears to me that they may simply be trying to cover up the illegal forgery that took place in her workplace. the form that the area manager claims to be "stolen property" is a contract between her, and the company, and I know for a fact that both parties have a legal right to obtain, and keep a copy of any legal contract they have entered into with another party. I think it is disgusting that the area manager has sat my wife down, and told her that she has done a bad thing by keeping a copy of her own personal performance review, especially under these circumstances... The contract she "apparently" signed (actually forged by her manager), said nothing about her giving up her civil right to obtain and keep a copy of the contract agreement that she was entering into, so I see no grounds for the claim that what she is in possession of, is "stolen property". My wife is easily pushed around, because she does not handle confrontation all that well, and does not know her legal rights very thoroughly. I am pretty well aware of her rights, and I refuse to sit here, and let my wife be pushed around, when she has made a legitimate complaint, and as a result, has been told she has done the wrong thing because of it. I fear for her, because with the claims she has made against her manager, this copy of the appraisal is the only evidence that she has of the forged signature. Once that evidence is destroyed (which her area manager wants to do), her manager, or the area manager could easily turn on her, and go after her for defamation. I would like to ask what your views are on this matter, as I see signs of serious fraudulent issues here... As an important note: This is Australia we are talking about, so any ACTS or state/federal laws you quote, will need to apply to Australian law.

Public Comments

1. The appraisal form is not her property but is company property - she is not permitted to have a copy of this at home. The law would relate to company property - personal records are company property not the employees property. What happened to your wife is what SHOULD have happened - what she did (keeping a copy) is the illegal act that can be proved right now. The other is a claim she is making that is not proved and by taking it with her - the proof is now gone as she could have tampered with it. The onus is on the company to keep proper records - if it doesnt it will be in trouble. The fact that she has taken a copy means that their security is questionable.
2. The form is company property and she is not entitled to it. She would be entitled to a copy if they GAVE it to her, but since she made her own and took it, she stole it.