| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 234/07 |
| Determination date | 06 August 2007 |
| Member | V Campbell |
| Representation | G Urquhart (in person) ; B Flemming, K Thompson |
| Location | Auckland |
| Parties | Urquhart v Aviation Security & Anor |
| Other Parties | Air New Zealand Ltd |
| Summary | JURISDICTION - Matter dealt with on papers - Applicant worked for first respondent (AS") as commercial pilot until resigned following conflict - Applicant received conditional employment offer from second respondent ("ANZ") subject to reference check - Applicant gave specific instructions to HR manager at AS that contents of his file should not be revealed to anyone - Company subsequently contacted AS and ANZ withdrew offer as result of information obtained - Applicant alleged AS breached employment agreement by breaching Privacy Act 1993 ("PA") - Authority had no jurisdiction to determine personal grievance based on alleged breach of PA - Claims against ANZ properly being dealt with by Privacy Commissioner - Claims relating to AS's other alleged breaches of employment agreement and internal policies able to be heard by Authority - Parties directed to mediation" |
| Result | Question answered ; Orders accordingly ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | Privacy Act 1993;Privacy Act 1993 Principle 11 |
| Cases Cited | NZ Amalgamated Engineering Printing and Manufacturing Union Inc and Ors v Air New Zealand Ltd and Anor [2004] 1 ERNZ 614;New Zealand Public Service Association Inc v Southland Regional Council [2005] 1 ERNZ 1008 |
| Number of Pages | 4 |
| PDF File Link: | aa 234_07.pdf [pdf 23 KB] |