We have been requested by a lawyer to provide personal information about an employee. The information they’ve asked for includes occupation, age, address, gross earnings, regular overtime, details of any deductions, method of payment, frequency of payment, marital status and dependents. We have refused to provide this information without the employee’s consent. As we were approached directly, the employee is unaware of this request. Are we under any obligation to advise them of the request? If not, would you recommend we advise them regardless?
Generally, you will not be under any obligation to provide this information. However, there would be several exceptions, including where you have been issued with a subpoena to produce a document or give evidence to a court, or where you have been issued a notice to produce records or documents under the Fair Work Act 2009 (Cth).
We suggest that you discuss this request with the employee.