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Hiring a criminal lawyer

Hiring a Philadelphia criminal lawyer can help you negotiate an employee’s or apprentice’s release, depending on the circumstances and the stage of the investigation.

Rights to information

Employers and individuals are entitled to certain limited employee records, such as those under investigation, and the right to access records held by the employer.

Rights to confidentiality

The Privacy Act states that employers and individuals have a right to information held by the employer in confidence that relates to their specific business or occupation.

Employers and individuals should check the relevant section of their Privacy Act, or seek a ruling from the Privacy Commissioner.

Misconduct

A judge may order that a person guilty of serious offences or operating a motor vehicle without due care be prevented from carrying on the business for up to two years. The Code of Conduct for Trade Union Officials defines misconduct as including union and other political activity, conduct prejudicial to the security of the administration of justice and acts contrary to the State’s economic interests. If an individual in the public sector is convicted of:

An act that is an offence under the Code of Conduct for Trade Union Officials

That same act under the Bribery Act

An offence under the Education Act, 2006

The Code of Conduct for Trade Union Officials will apply if an individual is convicted under the Code of Conduct for Trade Union Officials.

If you have been convicted under the Code of Conduct for Trade Union Officials and not already serving a penalty, you can seek an Order of Restraining Order (O.R.O.) to prevent the convicted person from carrying on a trade union activity for two years. You must apply within 14 days of the end of the one-year period. However, you may be able to apply for an O.R.O. earlier if you can show that you were already serving a penalty under the Code of Conduct for Trade Union Officials at the time of your conviction.