Private contracts to cover up sex offending

Two years into his prison sentence, Harvey Weinstein has been convicted of further sex offences. A 1998 NDA (nondisclosure agreement) with his former PA Zelda Perkins ended up in the public domain via a parliamentary enquiry nearly 20 years later.

Here's the link to it: https://www.leightonassociates.co.nz/post/full-text-of-the-voided-employment-nda-between-zelda-perkins-and-harvey-weinstein

Since then, we found out about another NDA that was used to cover up sex offending (for which the offended was jailed for about a year). That involved a school in New Zealand. In the context of employment law research this was a recent discovery, although the NDA itself was signed in 2014.

The NDA-protected pedo: Could it happen here? - by Tristam Price (leightonassociates.co.nz)

The Teaching Council understandably were not impressed and had this to say:

“Employment-related processes are independent of the Teaching Council. However, it is worth mentioning that an employer cannot ‘contract out’ of their statutory obligation to report concerns about a teacher’s alleged serious misconduct to the Council.

Under sections 489 to 491 of the Education and Training Act 2020, employers have mandatory reporting obligations when they are made aware of allegations of a teacher’s (or ex teacher’s) serious misconduct. The mandatory reporting obligations apply regardless of whether there is a private mediated settlement process going on in respect of employment matters. Mediated settlement agreements under s 149 of the Employments Relations Act deal with employment issues; they do not (and cannot) circumvent a school’s statutory obligation to report conduct concerns to the Council under the Education and Training Act.”

It is Leighton Associates' policy to respect Records of Settlement under Section 149 (NDAs), unless their purpose is to cover up serious wrongdoing.