Woman sacked For Deleting App That Tracked Her 24×7

Myrna Arias, has filed a lawsuit against Intermex her former employer (a money transfer service), for invasion of privacy, retaliation, and unfair business practices and is seeking damages in excess of $500,000. She claims she was fired for uninstalling an app from her iPhone, that let her boss, John Stubits, track her movements 24 hours a day.

The app Xora, allows an employer to monitor workers locations on a Google Map. They can also see where they have been, the route they have driven and where they are now.

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The lawsuit alleges: “After researching the app and speaking with a trainer from Xora, Plaintiff and her co-workers asked whether Intermex would be monitoring their movements while off-duty. [Arias boss, John] Stubits admitted that employees would be monitored while off duty, and bragged that he knew how fast she was driving at specific moments ever since she had installed the app on her phone.

“Plaintiff expressed that she had no problem with the app’s GPS function during work hours, but she objected to the monitoring of her location during non-work hours and complained to Stubits that this was an invasion of her privacy. She likened the app to a prisoner’s ankle bracelet and informed Stubits that his actions were illegal. Stubits replied that she should tolerate the illegal intrusion.
“He confirmed that she was required to keep her phone’s power on ‘24/7’ to answer phone calls from clients. Stubits scolded Plaintiff when she de-installed the app in late April 2014 in order to protect her privacy.”
 
“The app had a ‘clock in/out’ feature which did not stop GPS monitoring, that function remained on. This is the problem about which Ms. Arias complained. Management never made mention of mileage. They would tell her co-workers and her of their driving speed, roads taken, and time spent at customer locations. Her manager made it clear that he was using the program to continuously monitor her, during company as well as personal time,” Arias’ attorney, Gail Glick said.

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200 Year old law to be used to avoid speeding fine in court

A top Queensland barrister will use case law dating back 200 years to try to avoid a $146 speeding fine.

Tony Morris QC is mounting a landmark legal challenge against Queensland's speed-camera laws, The Courier-Mail reports.

Mr Morris says he wasn't driving when his Volvo was photographed doing 57km/h in a 50km/h zone last year.

But he won't say who was behind the wheel.

He has invoked a spousal privilege case from 1817, arguing it's unconstitutional for a Queensland court to fine him when there's evidence he was not the driver.

He says he was in a meeting with top judges when the Volvo was snapped, and they are willing to testify that he was with them.

He argues the spousal privilege principle, established in England 200 years ago, means a husband can't be compelled to provide information that incriminates his wife

 "I decline to identify the person who was in charge of the vehicle at the relevant time," Mr Morris reportedly wrote in a letter to the Department of Transport

 

Earlier this year, Mr Morris wrote to federal, state and territory attorneys-general saying he planned to challenge parts of Queensland's speed-camera laws.

Under the laws, the registered owner of a car has two options: name the driver or say they don't know who was driving. Car owners can't, under the law, say they know who the driver was but refuse to give a name.

Mr Morris has told The Courier-Mail he can't see why he should dob someone in for driving the car when the legislation is invalid.

He said the Volvo caught by the speed camera was not his usual car, but would not tell the paper who usually drove it.

The case will go to the Court of Appeal within weeks.

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