An employee pleaded guilty to two criminal offences. One involved violence to property and the
other violence to their spouse. They
were discharged without conviction and a suppression order was imposed
prohibiting publication of their name and other details.
A representative of their employer was in Court and heard
what occurred. They spoke to other staff
at the employing organisation with responsibility for personnel. A disciplinary process was undertaken and the
employee was given a final warning.
The employee raised a personal grievance and alleged a
breach of the suppression order by the employer being told of the circumstances
of the employee’s court proceedings.
The Supreme Court has held that the employer had a genuine
interest in knowing the outcome of the proceedings and therefore there was no
breach of the suppression order, as there was no publicity to wider than those
necessary to deal with the internal disciplinary process.
Alan Knowsley
Employment
Lawyer Wellington
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