Witness presence at firing an important HR practice: privacy commissioner

Having a co-worker present while you’re being fired may feel like the public airing of private information, but it is “in keeping with HR best practices,” says Nunavut’s information and privacy commissioner.

That was the conclusion of Graham Steele’s investigation into a privacy breach complaint filed in June by a former employee of a company contracted by the Department of Health.

The complaint was filed under the territory’s Access to Information and Protection of Privacy Act. Although the complainant was not directly employed by the Health Department, the act still applies.

Neither the complainant nor the hamlet where she worked were identified in the report.

In Steele’s report, released Tuesday, he said the complainant claimed the co-worker’s presence during a meeting with the facility’s manager was a privacy breach.

Steele said having a witness present in a termination meeting is an appropriate practice for human resources departments to follow.

He cited a section of the act that states a public body can “for the purpose of hiring, managing or administering personnel” disclose personal information.

Steele also found the choice of witness was made in good faith and did not threaten the complainant’s privacy.