Suppression orders don’t stop employer investigating…

The employee was convicted of domestic violence offences and an order was made prohibiting publication of his name and details.

A representative of his employer was in Court on the day and advised the employer of the convictions.  The employer investigated and dismissed the employee as his job included keeping people safe from violence.

The employee challenged the employer’s investigation as a breach of the suppression order but both the Employment Court and now Court of Appeal held that the employer had a legitimate interest in being told of the conviction, so being told about it was not a breach of the suppression order.  The Court of Appeal also said that Judges should take more time when drafting suppression orders to make it clear an employer can be advised of the events so it can investigate.  It is the employer’s role to decide if the conviction affects the employment and it is not for the Court to prevent that process by a suppression order.

Alan Knowsley

Employment Lawyer Wellington