Discussion:
What the fuck?
(too old to reply)
JohnO
2019-12-26 06:11:24 UTC
Permalink
https://i.stuff.co.nz/business/118442930/woman-awarded-3k-in-damages-after-bad-job-reference-breached-privacy

She gave the name of the previous employer, so she gave the right to provide a reference even if negative.

This result shows there needs to be a cleaning out of the idiots at the HRRT.

What earth would want to hire anyone under this sort of environment?
Rich80105
2019-12-26 08:14:04 UTC
Permalink
Post by JohnO
https://i.stuff.co.nz/business/118442930/woman-awarded-3k-in-damages-after-bad-job-reference-breached-privacy
She gave the name of the previous employer, so she gave the right to provide a reference even if negative.
No she gave the name of one person; she did not give approval for
private information to be given by others.

The last paragraph of the article said
"The tribunal found Gin-Cowan's humiliation, loss of dignity and
injury to her feelings was caused by a minor breach in privacy under
Principle 11 of the Privacy Act. That states any agency that holds
personal information shouldn't disclose it unless it believes the
disclosure is authorised by the individual concerned."

Those provisions will have been there for many years - I am not aware
of any recent changes; and they are similar to those in at least
Australia and the UK..

Policy at many organisations is to never give testimonials from the
company, only a certificate of service, stating the reason for leaving
(usually resignation). Many employers will ring a previous employer -
common is to require anyone except the employer (the person to whom
the employee directly reported) to refer the person to the manager or
human resources staff and not make any personal comment. The critical
question is "would you re-employ", to which answers needed to be
carefully considered - anything expect a simple yes would be regarded
as being suspect, so some employers were careful about that question
as well . . .

A clear breach which should be no surprise to anyone.
Post by JohnO
This result shows there needs to be a cleaning out of the idiots at the HRRT.
Or just educate the idiots who do not understand the law . . .
Post by JohnO
What earth would want to hire anyone under this sort of environment?
Nothing stopping employment - just be careful what you say to others
about someone who has left employment. Being vindictive and raising
issues of personal disagreements that may affect the livelihood of
another person is not a wise thing to do.

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