I was asked to investigate whether a former employer was entitled to retain information relating to the purported dismissal of an employee.

The employer had given the employee a notice of dismissal. The employee filed a personal grievance which was settled on the basis that the notice of dismissal would be withdrawn and employee would be allowed to resign. The parties agreed this was full and final settlement of all matters relating to their employment relationship.

The employee was concerned that documents containing allegations that led to the notice of dismissal were still on his personnel file. He thought that the settlement agreement prevented the employer from retaining this information.

It was the employer's practice to retain personnel files for a period of five years after an employee had left. The employer maintained that it was necessary to retain the information in this case in the event that further legal action was taken.

Having examined the information, I agreed further legal action was possible and formed the opinion that retaining the documents for this purpose did not breach information privacy principle 9.

November 1996

Indexing terms: Retention of personal information - Former employer - Information related to personal grievance action - Further legal action possible - Information privacy principle 9