Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 66/10
Hearing date 9 Mar 2010
Determination date 13 April 2010
Member P R Stapp
Representation P Cranney, A Connor ; E Butcher
Location Wellington
Parties Finsec Inc v Bank of New Zealand
Summary DISPUTE – Respondent claimed entitled to deny access for union officials to walk desk to desk because of confidential and sensitive information relating to customers’ lifestyle and health personal information – Respondent claimed not denying access but requiring access in terms of security policy – Respondent claimed would provide room and facility for access – Premises used for insurance underwriting contained to one floor and carried out in open, highly visible space – Applicant argued steps could be taken to avoid any appreciable risk of any disclosure – Authority found room to develop protocols around visits to desks and management of personal information – Found respondent required to allow applicant access to insurance underwriting floor – Found parties should develop protocols to secure area given statutory right of access
Result Question answered in favour of applicant ; No order for costs
Main Category Dispute
Statutes ERA s20;ERA s21;ERA s21(2);ERA s22;ERA s23;ERA s221
Cases Cited Carter Holt Harvey Ltd v National Distribution Union Inc [2002] ERNZ 239;Foodstuffs (Auckland) Ltd v National Distribution Union Inc [1995] ERNZ 110;McCain Foods (NZ) Limited v Service and Food Workers Union Nga Ringa Tota Inc [2008] ERNZ 260;Service Workers Union of Aotearoa Inc v Southern Pacific Hotel Corporation (NZ) Ltd [1993] 2 ERNZ 513;Telstra Clear Ltd v NZ Amalgamated Engineering, Printing & Manufacturing Union Inc (unreported) P Cheyne, 31 Aug 2004, CEA 219/04;Unite Incorporated v Independent Liquor (NZ) Limited unreported, M Urlich, 27 Aug 2007, AA 260/07
Number of Pages 9
PDF File Link: wa 66_10.pdf [pdf 40 KB]