Guest Mia Posted March 7, 2018 at 04:26 AM Report Share Posted March 7, 2018 at 04:26 AM Our company received a formal compliant from one employee against another. A formal hearing was conducted with both parties present. At the beginning of the hearing the mediator stated everything discussed was confidential as this was being held in executive session. The accused employee quit the company before findings could be finalized. At this point would the company be required to provide details of the hearing to outside parties upon request? Quote Link to comment Share on other sites More sharing options...
Hieu H. Huynh Posted March 7, 2018 at 04:32 AM Report Share Posted March 7, 2018 at 04:32 AM Not according to RONR. Any such requirement would have to be found in your rules. Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted March 7, 2018 at 06:56 PM Report Share Posted March 7, 2018 at 06:56 PM (edited) 14 hours ago, Guest Mia said: Our company received a formal compliant from one employee against another. A formal hearing was conducted with both parties present. At the beginning of the hearing the mediator stated everything discussed was confidential as this was being held in executive session. The accused employee quit the company before findings could be finalized. At this point would the company be required to provide details of the hearing to outside parties upon request? This seems like a legal issue, not a parliamentary one (I’m not even sure that there is a deliberative assembly involved here). For what it is worth, however, RONR actually prohibits sharing the details of a hearing with outside parties. “If (after trial) a member is expelled or an officer is removed from office, the society has the right to disclose that fact—circulating it only to the extent required for the protection of the society or, possibly, of other organizations. Neither the society nor any of its members has the right to make public the charge of which an officer or member has been found guilty, or to reveal any other details connected with the case. To make any of the facts public may constitute libel. A trial by the society cannot legally establish the guilt of the accused, as understood in a court of law; it can only establish his guilt as affecting the society's judgment of his fitness for membership or office.” (RONR, 11th ed., pg. 655) In my view, the fact that a member or officer resigned prior to his trial would not change the application of this rule. The society could share the fact that the person resigned, but no additional facts of the case. Edited March 7, 2018 at 06:57 PM by Josh Martin Quote Link to comment Share on other sites More sharing options...
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