We are often asked about the issue of employee rights to accessing the file maintained by their employer.
Despite the common belief that an employee can access anything information an employer hold about them (“their file”) employees can have access to certain information held by their employer but not everything.
Employers must keep ‘employee records’ for all employees. Section 535 (1) and the Regs define ‘employee record’ to be information as to the following issues:
- Details of employment (eg status of employment, start date, etc...)
- Averaging of hours
- Leave entitlements
- Superannuation Contributions
- Individual Flexibility Arrangements
- Guarantee of Annual Earnings
- Termination of Employment; and
- Transfer of Business arrangements
Employees have a right to inspect and copy ‘employee records’. If the record is kept on the employer’s premises the employer must make a copy of the record (for inspection and copying) available to the employee with 3 business days of the request OR post a copy of the record to the employee within 14 days of the request. If it is not kept on the premises then the employer must produce it as soon as is practicable. Whilst some careful consideration is needed as to how to properly manage the relationship with employees, technically speaking an employer need not provide any information, documents or records which do not form a part of ‘employee records’ (as defined) to employees unless under a subpoena or Notice to Produce.
If you have any questions or queries about any aspect of workplace law please contact one of our experienced team to discuss your situationBack