Employer's right to know despite suppression order

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