Verbal Reference Accessed by Employee

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By Alan Knowsley, Tuesday, 13 July, 2010, Employment

A recent complaint to the Privacy Commissioner has upheld the right of a former employee to be told the content of a verbal reference given by her former employer.

The employee had given permission for the former employer to give a reference but when she missed out on the job sought to know what had been said.

The employer initially refused but following a ruling by the Privacy Commissioner they have released to the former employee a summary of the verbal reference.

Employers can be forced to disclose information held in their minds. Information includes all information not only that reduced to writing.

Information can be withheld if it cannot be readily retrieved. Therefore if the information held in the employer’s mind cannot be reasonably be recollected the employer can refuse to provide it. This may depend on the circumstances, such as how long ago the conversation took place.

Employers need to be aware that employees can access information such as verbal references, and be careful about what is said.

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