ReSolution Issue 18, September 2018 | Page 36

not only their employment, but their prospects of working again in their chosen field. Employers should therefore take additional care in reaching adverse findings that may result in a professional body investigation.
Employers should consider advising an employee early on in the process if there is the potential for wider professional consequences and expressly take professional consequences into account in its decision-making. As there is little, if any, opportunity for employment without registration, notifying the relevant professional body could give rise to a claim for unjustified disadvantage. Employers should therefore ensure that they consider their statutory obligations carefully before deciding how to proceed, and whether the threshold for notification has been reached prior to contacting the relevant professional body.

About the Authors

Hamish Kynaston
Partner

Jennifer Howes
Senior Solicitor

Hamish specialises in employment relations, litigation, health law, health and safety, and education. Much of Hamish’s work is in the central government, health, education, sport, financial services and energy sectors. He has a particular interest in industrial relations, and assisting employers manage change and other complex issues in a way that does not result in litigation or reputational damage. He is also experienced as an independent investigator, primarily for the New Zealand Police.