A bit off topic but I have never heard of anyone in Australia being charged with using a hidden camera except toilets, change rooms etc. I would like to see any legislation of this urban myth. How come "A Current Affair" can do it?
A bit off topic but I have never heard of anyone in Australia being charged with using a hidden camera except toilets, change rooms etc. I would like to see any legislation of this urban myth. How come "A Current Affair" can do it?
We had to have GPS monitoring fitted to our fleet of trucks and I had to firstly make all drivers aware of the change then put big yellow stickers in each truck to remind them they were being monitored at all times while they were working. No company does that unless they have too. CCTV and Cameras in the Workplace - Rights and Regulations
There has been a solution to my problem.
As a result of a lot of evidence collected by myself (dash cam as well), resulting in the involvement of the EPA and VW Australia. I have agreed for my car to be taken for a few days for a full investigation of my Air conditioning. The leak will be found and repaired, I am to receive a full refund of my $157 plus some other stuff.
The only question I have is why this was all necessary.
This is what should have happened.
Booked car in to check out A/C
Dealer should have said "I am sorry sir but we cant find the leak (they can be hard to find) we have placed some die in the system to assist in locating the leak. Can you please drive the vehicle for a few days then return to us and we will check again".
Sent me on my way and NOT charged me $157
Pretty easy and polite and professional I reckon. But sadly was not the case.
Why do so many companies engage in re-work. Do it right the first time.
The Car: MY20 Black Golf R Final Edition, 5 Door, Driver assistance package, Sun Roof.
As a result of this investigation for my A/C I looked into cam etc a lot.
I the case you mention there is no legal requirement for the company to warn about the cameras, its usually a requirement of the union that covers the industry (often part of the EBA). there is nothing wrong with monitoring an employee going about his daily work but it becomes a problem if the employee meets his wife for lunch and have a kiss and cuddle watching porn on a mobile devise and its captured and someone at the company office watches it. Then the company is in trouble, I am told most companies ask the employee before watching any videos. P.S. just because you are not in a union does not mean there is no union covering it. ALL industries are covered by a union.
Another example. If you have security cameras in your home and you don't have to tell anyone about them, this is why you should. If you have a babysitter (under 16) and while in your home and you are out they jerk off on the lounge and you check that all is good while you are out and you see them jerking off you are instantly guilty of kiddie porn.
When it comes to cams etc its best to tell but not absolutely necessary. In my case the end justified the means. It is stupid in this age to assume you are not being watched all the time.
The Car: MY20 Black Golf R Final Edition, 5 Door, Driver assistance package, Sun Roof.
Absolutely ridiculous that you had to go to these lengths to get it repaired. If they are ARC licensed they should have competent people working there that should have given better advise.
Hopefully vehicle is not going back to same dealer for repairs!
I am pleased that you finally have been able to seek a solution to this issue, thanks for sharing your adventure with us.
Did you receive any assistance from the dealer principle or other senior management from the dealership or did VW Australia intervene ?
Reason I ask is that any business can have those employees but if there is a problem with customer service and is addressed higher up to be fixed than I am supportive of that. But if the whole business supports poor customer service and is defensive if you expose any issues than they don't deserve any patronage.
Flipper Dog
Now - T-Roc R, Audi Q5
Past VWs- T-Roc R-Line, Golf 6, 7 and 7.5, Touareg 7L and 7P, Passat B5.5, Polo MK3, Polo MK4 and GTI
No assistance came from dealer, dealer caused and supported on several occasions that I should have paid and that there was no leak. VW customer service said they were bound by the dealer. VW Australia customer service high ups were the movers. I have no idea why VW Australia would be allowing a franchised dealer to dictate national customer Service practices. Can you imagine Harvey Norman allowing a single shop damaging the brand.
Some are making a joke of this but the leaking of A/C gas into the atmosphere is a big deal and when the right people were informed strong action was taken. Too many people think that just because a company says something it must be right or ok, its not. Look at the banking Royal Commission.
The Car: MY20 Black Golf R Final Edition, 5 Door, Driver assistance package, Sun Roof.
I'm pleased you have an outcome on the way - but not that you had to invest such a huge amount of time and emotional energy into this. This element is what is not currently being captured - so read my points below and if you feel there is some correlation you can apply I would begin pressuring VW Australia for recompense granted that they have acted negligently and likely in breach of industrial laws for chemicals as well as disregard of Australian consumer laws.
I had 3 years of free servicing from Austral VW Newstead due to them ballsing up successvie services - up to and including losing my car for 3 days. Work stated as being done and me showing them that the pain on bolts had not been cracked etc. Fraud.
The service attendants are NOT the mechanics and often state situations they have no clue about - especially when you want to check if a specific check was done.
Using Consumer Statutory guarantees and the Consumer law which is very robust in Australia is the ONLY way to make these types of dealerships come to the table.
VW Australia if you have quoted them verbatim have told you that a failure by a technician to detect a fault means that there is no fault... therefore no warrantable action. Ergo, VW have an incentinve not to look for faults correctly.
I had VW throw industry standards at me over some glass problems to intimidate me. Their "independent professional" had not even checked the vehicle in the correct lighting as clearly specified in the standard. It took me 2 min while waiting for the sales manager to skim the standard, find that and smash him over the head with it and their lack of integrity. I would be examining the qualifications and standards being applied re refrigerants and the work done.
Bottom line is you can get the results you deserve and you do deserve warrantable support. YOu did bring the Government agencies into it.
In this instance I would be persuing it on the basis of statutory guarantee for merchantable quality.
A Vehicle AC is constructed to be robust and provide service for extended period. having no gas by the end of 12 months means it was either not filled adequately (thus presented at below merchantable standard) or has a fault. If VW determine there is no fault then it is not of merchantable quality as the AC system clearly does not meet the advertised standards of quality and pricing that VW express as a "premium brand".
THe additional element of this is the unconscionable conduct of VW Australia and the Dealership who must both very clearly understand that the sealed AC system should be functioning without loss of gas. This identifies an attitude of unacceptable conduct, and potentially illegal business practice in charging you for warrantable work, and not following correct procedure for hazardous materials or controlled substances (EPA side).
Be mindful you may be dealing with a combination of ignorance, and/or wilful intent to deceive. Not always easy to determine which.
I despise companies who behave like this. Telstra pulled similar crap on me and I ended up invoicing them for my wasted time and them having to pay it. This is what I believe you should pursue as this situation is substantially beyond what should have been required for an obvious issue. The leak may not have been obvious - but the need to persist and increase the level of scrutiny should have been their first course of action.... not charging you and telling you to piss off.
If you take this path be forward with your issue of time, emotional distress at the interactions and emotional distress/concern for safety of you and family in the vehicle if there was gas venting internally (you are not an expert therefore you are able to reasonably make this assertion even if the system could not technically do so).
If you were in Brisbane I'd go with you just to advocate and put them in their place.
Last edited by mgrobins; 16-02-2019 at 04:50 PM.
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