1 Feb 2006, 09:00

The complainant used to work for a university. He complained that a former co-worker (“the colleague”) had disclosed personal information about him to his new employer. The complainant asserted that, as a result of the disclosure, his new employer distrusted him, workplace relations were soured and he eventually resigned. He wanted a significant financial settlement from the university.

I investigated the complaint. I found that the colleague had pro-actively contacted the new employer. She had informed him that she believed that the complainant was not suitable for his new job, and had left his previous job under a cloud. This information was mostly opinion about the complainant, rather than fact.

I found that, in these particular circumstances, the university was responsible for the colleague's actions in disclosing the information. She was an employee of the university, and the new employer understood her to be speaking in that capacity. She had gained the information about the complainant in the course of her employment with the university.

I formed the provisional opinion that, in these particular circumstances, the university breached principle 11 by telling the new employer that there were suspicions of dishonesty and that the complainant had left under a cloud.

However, I also told the complainant that it was my provisional opinion that he did not suffer adverse consequences sufficient to meet the criteria of section 66. I found that the disclosure was merely embarrassing. In particular, there was evidence that the new employer accepted the complainant's version of events and continued to trust him. The complainant's eventual resignation was not the result of the disclosure.

In my provisional opinion to the university I suggested that, given the breach, it may wish to attempt to settle this matter. The university accepted this suggestion and entered into settlement discussions with the complainant. They agreed on a modest settlement to acknowledge the breach and any embarrassment suffered.

I then closed my file.

December 2006

Disclosure of personal information – university – vicarious liability – disclosure to new employer of opinion about honesty – adverse consequences insufficient to meet test in section 66 – settlement – principle 11, section 66.