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Human rights law

Human rights and workplace privacy can be complex issues. Our team has the technical excellence to understand and respond to New Zealand’s legal and regulatory regimes.

As an employer, if your employment practices don’t comply, you could be subject to investigation by the Human Rights Commission or the Privacy Commissioner, legal proceedings, hefty fines, and loss of reputation.

Our team is experienced in dealing with human rights claims and complaints on breaches of privacy in the workplace.

Workplace privacy

Kensington Swan advises both employees and employers on privacy issues in the workplace, including:

  • use of computers
  • IT systems
  • email and internet usage
  • mobile phones
  • electronic devices
  • tracking devices.

Compliance with human rights law

Our advice to employers ensures their employment practices comply with the Human Rights Act. We also defend employers in the Human Rights Tribunal and before the Employment Relations Authority.

We can conduct harassment investigations and audits, and advise on policies to ensure compliance. When breaches of the Act occur, we can advise employers on their rights.

Privacy law

Employers must comply with the Privacy Act 1993 Principles that govern the purpose and manner in which personal information is collected, stored, and accessed. Breaches of privacy present potential liability for employers.

We can advise on a range of workplace privacy matters, including:

  • misuse of workplace computers
  • policy writing
  • investigating breaches
  • monitoring and surveillance of staff.

Recent experience

Auckland District Health Board (ADHB)

Kensington Swan successfully defended ADHB against a claim by an employee, under the Human Rights Act, that she had been discriminated against on the grounds of ethnicity.

GPS device in a company vehicle

We successfully defended an employer against a claim that privacy had been breached after a GPS device was attached to a company vehicle without notification.

Related legal services

Employment dispute resolution
Health and safety law
Human rights law
Employment relations

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