41Records relating to misconduct

#### 41 Records relating to misconduct 41 Records relating to misconduct > > (1) If an allegation of misconduct by an employee of a government sector agency is made under this Part, the employer is to keep a written record of the proceedings and action taken in respect of the allegation. > > > (2) Any personnel file kept by the employer on such an employee is to include information about any finding of misconduct by the employee that is, in the opinion of the employer, in the public interest to be included. In forming that opinion, the employer is to have regard to the nature and seriousness of the misconduct and the need to minimise any unnecessary or prejudicial information being kept on a person’s file. > > **rule 41:** Am 2016 (422), Sch 1 \[3\] \[10\].