Forensic examination of employee’s computer…

The Employment Court has held that the Employment Relations Authority can summons an employee to attend at the Authority and be required to bring their personal computers with them. 

The employee was leaving the employment of their employer to set up in competition.  The previous employer believed that the employee was using confidential information in their new company which was owned by the employer. The employer sought an examination of the employee’s personal computers and that of the company they had set up in competition.

The ERA ordered that the employee attend and bring all computers and passwords and allow the ERA and a forensic expert to examine the computers for evidence of the use of the confidential information.

The employee challenged that order in the Employment Court, but the Court held that the ERA was within its rights to require them to attend and to bring their computers and passwords for examination.

It remains to be seen what information is found on the computers during the examination, so watch this space.

Alan Knowsley

Employment Lawyer Wellington