Bad job reference ‘breached privacy’

A childcare centre must pay a former employee $3000 in damages for breaching her privacy by giving her a bad job reference which saw her miss out on a job.

The Human Rights Review Tribunal ordered Katui Early Childhood Learning Centre in Northland to pay Dana Gin-Cowan $3000 for humiliation, loss of dignity and injury to feelings, according to a decision released last week.

Gin-Cowan had entered into a relationship with the son of the husband and wife directors of the centre, Mr and Mrs Matthews. Her relationship with the Matthews became difficult after she and their son had an ‘‘acrimonious’’ separation. In early 2015, she learnt of a job opportunity at an Auckland early childhood centre.

Gin-Cowan attended an interview for the job and the next day she was given an individual employment agreement, which she signed but was not signed by anyone at the centre. In February 2015, she resigned to take up what she thought was her new position but the management at Katui decided not to give her a reference.

Gin-Cowan travelled to Auckland in February 2015 thinking she would be starting work at the Ma¯ ngere centre that day.

But once she arrived, staff told her her references had not been favourable and the centre would not proceed with her employment. The solo mother of five children then faced financial hardship and stress in trying to provide for her family.

The tribunal found Katui’s bad reference stopped Gin-Cowan’s new employment and she lost the ability to provide a referee of her choice for the job. It concluded this constituted a loss under the Privacy Act.