The Case

Terrence McGlashan v MSS Security Pty Limited (2022)

MSS Security Limited (MSS) terminated Mr McGlashan’s employment, and Mr McGlashan then commenced unfair dismissal proceedings. During another investigation, MSS became aware of internal recordings of extremely offensive telephone conversations between Mr McGlashan and other employees.

MSS advised Mr McGlashan that it would be seeking to use these recordings in the unfair dismissal proceedings. Mr McGlashan thereafter sought a ruling that the recordings could not be used, as he alleged they were illegally or improperly obtained.