Employment Law, Oddstuff

Conduct outside work…

.. can have an impact on your employment.  This is common ground when there is a clear overlap and  direct link between what you do and what you did – for instance, the accountant with a gambling problem, the police officer who beats his wife, the lawyer who is convicted of fraud.

But this case illustrates that the link doesnt have to be that strong at all:

“A dental hygienist was convicted of assault with a weapon following an incident where she assaulted a man with a bottle and a wine glass. While the dental hygienist accepted that her actions were clearly wrong and inappropriate, it was submitted that this conviction did not reflect adversely on her fitness to practise. The Tribunal disagreed, noting that self control and self management are an important part of a dental hygienist’s role, the assault was around the face “which can cause permanent damage, as all dental hygienists know”, and that: “Dental hygienists are registered health professionals and know that as part of this role they must do no harm, be caring and show empathy”. The dental hygienist was censured and suspended for three months.” 

(copied from Buddle Findlay’s Health Law Newsletter available here  http://www.buddlefindlay.com/sites/all/files/Legal_update_on_health_law_-_May_2012.pdf#page=3 )

Although this is a decision by a disciplinary tribunal, it is an interesting decision nonetheless and might carry quite some weight in a Court or the Employment Relations Authority.

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