Speaking to the media


Employment Relations Act 2004 - Schedule 1 B "Code of good faith for public health sector"


Public comments

14 Recognition of employees' right to make public comments

    (1) Employers must respect and recognise the right of their employees to comment publicly and engage in public debate on matters within their expertise and experience as employees.

    (2) However, this clause applies subject to clauses 15 to 17.

15 Employee must first raise matter with employer

    Before an employee exercises the right specified in clause 14(1) in relation to the operations of his or her employer, the employee must first—

        (a) raise the matter with his or her employer; and

        (b) provide a reasonable time for his or her employer to respond.

16 When employee may make public comments about employer's operations

    If the employee is dissatisfied with his or her employer's response or there is no response from his or her employer, the employee may exercise the right specified in clause 14(1) if the employee makes it clear that he or she is—

        (a) speaking in a personal capacity; or

        (b) speaking on behalf of a union with its authority to do so.

17 Confidentiality

    When exercising the right specified in clause 14(1), an employee must not breach patient confidentiality or professional confidentiality.

18 Rights of union not affected

    To avoid doubt, clauses 14 to 16 do not prevent a union from making public comments or engaging in public debate on any matter relating to the public health sector.