BuckettLaw
.

Leaks, Confidentiality, and Trust in Employment Law

OPINION: Leaks could reasonably be considered a breach of employee obligations, particularly in terms of confidentiality.

Mr. Chappie Te Kani, Chief Executive of Oranga Tamariki, recently made headlines due to comments he made in a video. In the video, he accused some staff of breaching trust by leaking information to the media regarding the organization’s change process. Mr. Te Kani also criticized the belief that leaking is an employee’s democratic right.

While some view Mr. Te Kani’s comments as intemperate and potentially detrimental to workplace culture. From an employment law perspective, it does raise the question whether the leaks could reasonably be considered a breach of employee obligations, particularly in terms of confidentiality.

Although this writer has not sighted the change proposal, it is assumed that it contained the usual requirement for confidentiality. At the very least, communications sent to staff alongside the proposal likely emphasized this obligation. The staff that have leaked the information may be at risk (presuming they are identifiable as the source of the leak) of facing disciplinary action from their employer in their employment. If Oranga Tamariki failed to clearly express the need for confidentiality and its potential consequences, it could complicate matters.

There may be an argument that the information was publicly disclosable under the OIA and therefore the confidentiality requirement was not the actions of a fair and reasonable employer in all the circumstances and/or that the confidentiality instruction did not represent a lawful and reasonable instruction.

If you are an employee facing a disciplinary allegation, it is important to promptly seek legal advice, and more specifically to seek advice before providing any response to the allegation. It is okay to ask the employer for some more time to obtain advice and representation before being expected to respond to the allegation. It is neither fair nor reasonable for an employer to force an unreasonable time period on you to obtain advice and representation. Saying that, it is important to act quickly in seeking legal advice after receiving disciplinary allegations because the employer simply needs to provide a reasonable period for one to do so and in this regard is not required to wait forever and a day until you do.

It is important for both employers and employees to be aware of their obligations, and the risks involved in taking certain actions (including disclosing certain information to the media). If unsure about what your obligations and the risks are, it is important that you obtain legal advice before you undertake the action.

Any organization considering restructuring should obtain legal advice to navigate the process, getting it wrong result in an unjustified dismissal personal grievance. Employees who are undergoing restructuring or potential redundancy in their workplace and suspect that their employer lacks legitimate business reasons or is not conducting a fair and proper process, should also seek legal advice.

Contact Buckettlaws specialist employment lawyers today.

Note: BuckettLaw takes no responsibility for the consequences of any actions taken on the basis of our articles. Any views expressed or comments made in an article are the writers option only. The content in our articles does not constitute legal advice. If you need legal or expert advice you should obtain specific advice about your case or matter from a professional. For legal advice based on your individual situation please contact us to speak with one of our expert lawyers.

Enjoy a complimentary 15-minute phone call as a first-time offer.

Barbara Buckett

Barbara Buckett is a highly experienced senior employment lawyer with over 35 years of practice in New Zealand. She provides expert advice on all areas of employment law and has a proven track record of delivering excellent results for clients. Barbara has extensive experience in resolving workplace issues and is an experienced litigator. In her free time, she enjoys reading, traveling, working out, and fine wine and dining with friends.

Get new posts delivered to your inbox

Never miss anything!The BuckettLaw team will keep you up to date with employment law news & legal updates.

More Reading...

Free Phone Call With Our Expert Employment Lawyers

Consult our experts about your employment questions. Get a free 15 minute phone discussion.