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Question Details: I work at a tertiary institution. Recently it decided to require all staff-staff and staff-student relationships be declared even if the student is an adult student. I am a staff member in a relationship with a student. I have no supervisory role with the student, and we are both over 30 years old. Are my employers able to require this disclosure? Is this an invasion of privacy?
Filed under Employment Law | 1217 View(s)
Community Law Wellington & Hutt Valley
The answer is complicated and depends on the nature of your role within the workplace and that of the student. What it really comes down to is whether there is an identifiable possibility of a conflict of interest, or a risk that you could use your position to advantage the student.
If there is no such risk, then the employer cannot justify its request. If there is such a risk, then they can.
If you believe that the employer's request is unjustified, you may be entitled to refuse to answer it. If any further action is taken by the employer, they may be disadvantaging you without justification, which you may wish to address by raising a personal grievance.
This is a situation where you may wish to take further legal advice. You could talk to your union if you are a member. You can also get more information here: www.communitylaw.org.nz for further assistance.
Answered 25 Jul 2013. The IMPORTANT NOTICE below is part of this answer.
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