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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 18879
Experience:  32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Is my employer allowed to send marketing and other email communication

Resolved Question:

Is my employer allowed to send marketing and other email communication to clients with my electronic signature, even though I haven't authorised it?
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : That is not an easy issue. You are an employee and that means the employer can send messages from the organisation, but if the email purports to be from you, and you have no knowledge of this, there is a risk this will be seen as misleading on the part of the employer. In addition, if an issue arises from the email,which is not from you in reality, the employer cpu
christhelawyer : could not criticise you for the contents.
christhelawyer : It can depend on what is in the emails of course. Routine marketing emails may be fine, but still should be seen by you.
Customer: I'm not comfortable with the marketing information, as some of it is close to giving advice on property investment. I've also recently been the target of a stalker, probably a building manager in a body corporate I'm the manager for, and I'm feeling that I have no control over the use of my name here at work. I've asked for the marketing and general advertising emails go out from the team or the marketing team instead of me specifically, but the GM has just said that it's it negotiable.
Customer: I have emailed to say that I don't authorise the use of my electronic signature in these cases but told that I do not have a choice. Is my employer within its rights here or can I make a formal request? If so, what should I do when it is refused?
christhelawyer : That could be a safety issue, which they must deal with, in relation to the stalker. But you are entitled to insist that nothing which purports to be signed by you, goes out without your consent. They cannot mislead their audience, as this could be misleading and deceptive under the Fair Trading Act. I cannot understand why it must go out in your name, without your ability to see this before it goes and the right to change this.
christhelawyer : if they want to send something which is not
christhelawyer : something you agree to, then they cannot do so.
Customer: thank you - is there a specific piece of legislation that I can reference to back up my request? I don't really want to get into a fight with my employer but would like to put a full stop to the matter and that would help.
christhelawyer : I think the Fair Trading Act is a start, and for protection from the stalker, the Health and safety in Employment Act, which obliges employers to keep you safe. The Employment Relations Act says you must have good faith in employment relations, which means trust in this case, and where they are sending emails in your name without your input, this is a breach of trust on their part.
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 18879
Experience: 32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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