Why Privacy and Health and Safety Interests Must Be Balanced in Cases of Employee Stress & Drug Testing

Abstract

Privacy issues in employee stress and drug testing cases include the legality of testing, employee access to information about decisions affecting employment under s 4 of the Employment Relations Act, and the use of medical reports in evidence. This paper considers why privacy and health and safety interests must be balanced in such cases. It explores applicable privacy and human rights legislation, the NZ BORA, and other protections. It concludes that together with the wide duty of good faith, they currently provide adequate protection of employees' privacy interests. Word