An employer was justified, on grounds of reputational risk and a breakdown of trust and confidence, in dismissing an employee after the police had disclosed that the employee posed a risk to children, where it had discharged its duty to make a reasonable investigation.
art.8 CHILD SEX OFFENCES DISCLOSURE EMPLOYMENT EMPLOYMENT RIGHTS ACT 1996 s.98(4) EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.6 MUTUAL TRUST AND CONFIDENCE POLICE POLICE DISCLOSURE THAT EMPLOYEE POSED RISK TO CHILDREN POLICE POWERS AND DUTIES REPUTATION REPUTATIONAL RISK IN ABSENCE OF PROVEN MISCONDUCT s.9(8) s.98(1) s.98(1)(b) s.98(1)(d) s.98(2) s.98(2)(b) SHOWING SUBSTANTIAL REASON FOR DISMISSAL SUMMARY DISMISSAL UNFAIR DISMISSAL WRONGFUL DISMISSAL
Convictions for rape and indecent assault were quashed where the Crown’s reliance on hearsay evidence of bad character in the form of statements containing allegations of rape had circumvented the restrictions on hearsay evidence in the Criminal Justice Act 2003.
ADMISSIBILITY ADMISSIBILITY UNDER S.114 AND S.116 CRIMINAL JUSTICE ACT 2003 BAD CHARACTER CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.114(1)(d) HEARSAY EVIDENCE HEARSAY EVIDENCE CONTAINING UNPROVEN ALLEGATIONS OF MISCONDUCT Part 2 PREJUDICE RAPE s.101 s.114(1) s.114(2) s.114(2)(g) s.116 s.116(1) s.116(2) s.116(2)(a) s.116(2)(e) s.116(4) s.116(4)(b) s.9(8)
There was nothing in the applicants circumstances making it unfair or oppressive now to return him to New Zealand to stand trial for serious sexual offences involving abuse of his position of trust as a priest and a teacher.
20 YEARS ELAPSED SINCE ALLEGED OFFENCES ABUSE OF POSITION OF TRUST ADMINISTRATIVE LAW BUGGERY COMMITTAL CRIMINAL PROCEDURE DELAY EXTRADITION EXTRADITION ACT 1989 s.11 FAIR TRIALS HABEAS CORPUS INDECENT ASSAULTS MINORS OPPRESSIVE PASSAGE OF TIME POSSIBILITY OF FAIR TRIAL PRIESTS s.11(3)(b) S.11(3)(B) EXTRADITION ACT 1989 s.9(8) SERIOUSNESS OF OFFENCES SEXUAL OFFENCES TEACHERS UNFAIR YOUNG MEN
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