Having an employee that is part of a gang may raise concerns for an employer about health and safety and about the reputation of the business.  Some employers may want to terminate the employee’s employment.

It is a good idea to have a clear workplace policy setting out what is acceptable to the employer, for example, that the employer has a policy regarding gang members to avoid potential harm and association with illegal activities that could endanger its staff or clients, or that may cause harm to its reputation.

If an employee acts contrary to the workplace policy on gang membership, this could be grounds for a disciplinary process, and possible termination.

If a person has committed an illegal activity as part of the gang, the employer may have grounds to terminate their employment, even if that activity took place outside of work, for instance if they are likely bring the employer into disrepute, or there are concerns around health and safety at work.

If you have queries or concerns about whether you have grounds to terminate an employee, or if you want to know more about the process requirements, it is wise to speak with a professional experienced in the area.

Learn more about the disciplinary process here: Employers guide to the disciplinary process

Jaenine Badenhorst
Employment Lawyer
Wellington, New Zealand

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