| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 108/04 |
| Hearing date | 6 Nov 2003 |
| Determination date | 31 March 2004 |
| Member | R A Monaghan |
| Representation | M Tolhurst ; A Sharp |
| Location | Auckland |
| Parties | Dawson v Department of Inland Revenue |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Accessed taxpayer's records including family member's records - Accessed one taxpayer's records after involvement over sale of property - In investigation into matter discovered had accessed family members' records - Code of conduct and other communication stated that unauthorised activity in taxpayer's records prohibited - Applicant alleged accessed certain taxpayer record for study purposes and family records in interest of children - Applicant believed access not in breach of various provisions binding on her - Accessing children's records prohibited - Accessing other taxpayer's record also prohibited - Fact that accessed for personal study mitigating factor rather than meaning no breach - Procedurally fair - Dismissal justified - Order prohibiting publication of any of user history records or contents - Taxpayer services information officer |
| Result | Application dismissed ; Orders accordingly ; Costs reserved |
| Statutes | Inland Revenue Department Act 1974;Privacy Act s29(3)(a);Tax Administration act 1994 s81 |
| Cases Cited | Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483 |
| Number of Pages | 9 |
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