In a recent incident that shocked the nation, Justice Minister Kiri Allen, (now ex-Justice Minister) found herself at the centre of controversy after a car accident and a subsequent failed breath test that revealed she was driving under the influence of alcohol. The public reaction to the incident has been swift and critical, raising questions about how employers should handle situations where their employees face DUI charges for drunk driving, as well as managing the mental health and well-being of employees at work. As an employer or people manager, it is essential to understand the legal implications, responsibilities, and best practices when dealing with such sensitive matters.
New Zealand law takes driving under the influence (DUI) of alcohol or drugs very seriously. It is considered a criminal offence and can lead to severe penalties for individuals. While ensuring a safe and responsible work environment is paramount, employers must also respect their employees’ privacy and rights. If an employee is charged with a DUI, it is crucial to handle the matter discreetly and confidentially. Avoid discussing the incident openly with other employees and focus instead on how it may affect the employee’s ability to fulfil their duties responsibly. Further considerations on managing these scenarios are outlined below.
Conduct a Thorough Investigation: Before taking any disciplinary action, conduct a thorough and impartial investigation into the incident. Gather all relevant information, including police reports and the employee’s statement, to gain a comprehensive understanding of the situation. Remember to treat the employee as innocent until proven guilty.
Review Policies and Employment Contracts: Having clear policies and guidelines in place regarding alcohol and drug use is essential. Make sure your employees are aware of these policies, and ensure they are included in their employment contracts. This will provide a solid foundation for taking appropriate action if an employee violates these policies, especially where they may have access to a company vehicle or drive often as part of their role.
Take Disciplinary Action: If an employee’s DUI incident is found to be true and violates company policies, you may need to consider taking disciplinary action. However, it is essential to approach this decision with caution, especially when there are other underlying issues involved such as mental health and well-being.
Follow Procedural Requirements and Fair Process: Before taking any significant disciplinary action, ensure you adhere to procedural requirements and follow a fair process. Allow the employee to respond to the allegations, provide evidence, and be heard during any disciplinary meetings. Engage in open and honest communication throughout the process.
Seek Advice: Given the potential legal ramifications, it is important to seek advice from professionals before taking significant disciplinary action against an employee charged with a DUI. An experienced employment relations specialist can help guide you through the process, ensuring compliance with employment law and mitigating any potential risks.
Support and Rehabilitation: In some cases, employees may benefit from support and rehabilitation rather than immediate termination. Consider offering assistance through an Employee Assistance Program (EAP) or referring them to support services to address any underlying issues.
As you can see, handling DUI incidents involving employees requires a delicate balance between upholding workplace policies and respecting individual rights. The recent incident with Kiri Allen serves as a reminder that such situations can be complex and demanding, especially when under the public eye. By conducting thorough investigations, adhering to fair processes, seeking advice when needed, and considering support and rehabilitation options, employers can navigate these challenges while maintaining a safe and healthy work environment for all employees.
If you require guidance regarding an employee DUI incident or assistance with Policies or Employment Agreements, Business 360 can help. Call us on 0800 449 289 or email info@business360.co.nz. If you would prefer a confidential discussion with one of our directors, click or scan below to book a time to discuss your needs.
