Non-disclosure
[ch 9: page 52]Employers are not required to disclose information where its nature is such that, “according to objective criteria”, its disclosure would seriously harm the functioning of, or would be prejudicial to, the undertaking (regulation 26).
Government guidelines suggest that the issues employers will be most concerned about are price-sensitive information relating to the stock exchange, takeovers and mergers, or contractual restrictions relating to the sale or purchase of assets. As with information declared confidential, a refusal to disclose information can be challenged through the CAC.
An employer, employee or employee’s representative may apply to the CAC for a declaration on whether information that has not been disclosed, on objective criteria, is such that the disclosure would seriously harm or be prejudicial to the undertaking (regulation 26(2)). The CAC may decide that the information should be disclosed, specifying the information/document concerned, the person it should be disclosed to, the terms of any disclosure and the date by which it should be disclosed.