The Human Rights Review Tribunal has refused to hear a claim for a clear breach of privacy due to a technicality in the process.  

After working for an employer for several years, the employee discovered that the employer had a copy of her medical history.

Upon investigation, she found that her employer had requested the information from a provider that released it to the employer without her consent.

The employee complained to the Privacy Commissioner. The Commissioner decided not to investigate the complaint as several years had passed since the disclosure, and the provider was new to the industry at the time.

Despite this, the woman brought the complaint before the Human Rights Review Tribunal. The Tribunal held that it cannot hear a case unless the Privacy Commissioner has first investigated the complaint. As this had not occurred the employee’s case was struck out.

It is important to understand the requirements of different courts and tribunals, otherwise you risk unnecessarily investing your resources bringing a claim that cannot be heard.

If you have a claim you want to bring before a court or tribunal, it is wise to speak with a professional experienced in the area.

Leading law firms committed to helping clients cost-effectively will have a range of fixed-priced Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.

Alan Knowsley
Litigation Lawyer