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Social sanction - a reason for dismissal?

Here’s a hypothetical case for an employer to grapple with. ParliamentBefore commencing employment the employee has disclosed the most serious incident the employee was involved in as a youth to the “interviewing panel” (although maybe not the full extent of that type of behaviour). The issue is disclosed to senior management before the employee is offered employment. The Chief Executive is not informed of the issue and works closely with the employee to support the employee in the business and local community. Subsequently, the issue is made public and the employee and the employer come under close scrutiny.

Outside the employment jurisdiction, Parliament’s newest MP has been thrust into the public’s attention after it was revealed in the media that he was kicked out of boarding school as a teenager for seriously beating up a younger student with several other boys.

To Sam Uffindell’s credit it appears that he genuinely apologised to his victim prior to standing as a candidate in the Tauranga by-election. It seems that he disclosed the matter during the National Party’s candidate selection process. It also appears that the Selection Committee advised the National Party Leader’s office, but the disclosure was not passed onto the National Party Leader, Christopher Luxon.

Subsequently, Mr Uffindell has been stood down pending an independent investigation by respected employment lawyer Maria Dew QC after a further serious allegation was made by a former female flatmate of events dating back to a student flat in Dunedin in 2003.

Mr Uffindell campaigned in part on a law and order platform. For example, in his campaign launch speech, Mr Uffindell said “As the Tauranga Member of Parliament, my commitment will be to law-abiding citizens not to the gangs, criminals and those engaged in anti-social behaviour. You deserve to be safe in your home and in our community”. Mr Uffindell did not disclose his past history to voters while on the campaign trail. Read more....