The Herald editorial:
The law is not always an ass but it can produce an absurdity. The decision of the Human Rights Review Tribunal to make a company disclose to a failed job applicant the CVs and reference checks of others going for a job is an example.
The aggrieved party complained to the tribunal that he was discriminated against on the basis of age. He wants to see the credentials of others who applied or succeeded in the process. Under the court system’s rules of “discovery”, which the tribunal adopts, all information pertinent to an action needs to be handed over from the defendant to the plaintiff. The tribunal has dismissed an application from the company involved, Alpine Energy, to block that discovery under a section of the Evidence Act which covers confidentiality.
So Alpine and its recruitment agency must give the man the information it has on the successful candidate and those who contested and lost. This would include not only names, applications and CVs (although the tribunal and the failed job-seeker have agreed it need not include addresses and contact details) but also reference and perhaps security checks.
A pretty appalling decision. You apply in confidence for a job. Revealing that you applied could endanger your current job. Also very unappealing forcing a company to justify why it didn’t employ someone. Employment decisions are often somewhat subjective – how well they interviewed, whether or not they would fit into the team culture, whether their CV had typos in it etc.Tags: editorials, employment law, NZ Herald