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Question Details: I found out that my emails containing complaints to my employer were being printed off and shared with another senior at my company. Also, in some cases the emails were shared with the staff member I was complaining about, or being printed and left on a desk for everyone to read. These complaints were also added to the staff member I complained about's file, which they are legally allowed to view. Can my employer do this? I've since added a disclaimer to all emails stating my expectation of privacy unless permission is given, does this help me?
Filed under Employment Law | 1905 View(s)
Community Law Wellington & Hutt Valley
Yes, in some circumstances your employer can print and share emails you send to them, but they should be careful to comply with privacy and employment law.
Your employer may access anything you do on your work computer or from your work account. If you have sent the emails to your employer from a personal account on your home computer, your employer can still print and share the emails in some circumstances as long as they comply with the Privacy Act and employment law.
Who they can share the emails with will depend on the content and purpose of the email.
The staff member you are complaining about deserves to know about complaints against them and to have a chance to respond. If you want to complain anonymously, you should talk to your employer (or HR or your union rep) about whether that is possible.
It does not sound appropriate for the email to be left where all your colleagues could see it.
Click here to read about processes for resolving issues in the workplace: www.communitylaw.org.nz. Your employment agreement should also have a dispute resolution process in it.
Answered 9 May 2013. The IMPORTANT NOTICE below is part of this answer.
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