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Discipline and Dismissal


This eBook provides Managers and business owners with comprehensive guidelines and discussion on the discipline and dismissal process in New Zealand.

The law stipulates that employers must have a justified reason for dismissal and follow fair process throughout. Failure at any stage or in any part of the process can leave the employer open to a successful personal grievance from the staff member involved.

The costs can be significant, and the onus of defence is on the employer.

Don't risk getting it wrong. Become familiar with fair process and use the provided templates here to ensure your business is best protected and that both parties are treated fairly.

This publication first released in 1996 has been continually updated and amended as required by legislation and best practices according to case law. Written and supported by our experienced and qualified legal team most recently updated July 2017.

The contents of the book Discipline & Dismissal follow;

INTRODUCTION
STANDARD DISMISSAL PROCEDURES
A Good Reason for Dismissal
Being Procedurally Fair
Step By Step Guide To Giving A Warning
Issues that must be taken into account in any formal process
Formal Meetings - The Words To Use
Complying With The Employment Agreement
Considering The Notice Period
Payment In Lieu
Checklist For Dismissals
In A Personal Grievance Claim For Unjustified Dismissal
POINTS FOR SPECIAL CONSIDERATION
Dismissal For Absenteeism
Dismissal For Abandonment
Criminal Conduct
Summary Dismissal – Dismissal with no notice period
Suspending An Employee
The Probationary Period
Dismissal under the 90 Day Trial Period
Letter of Termination – 90 Day Trial Period
Fixed-Term Agreements
Constructive Dismissal
Resignations
Exit Interviews
Employment Termination Checklist
Release Of Information Consent
DISMISSAL FOR ILLNESS OR INJURY
Information For Employee On The Privacy Act
Consent To Collect & Provide Medical Information form
Letter To Dr/Health provider
Dismissal For Illness Checklist
DISMISSAL FOR INCOMPATIBILITY
DISMISSAL FOR SUBSTANDARD PERFORMANCE
REDUNDANCY
Letter For Initial Redundancy Discussion Meeting
Letter For 2nd Meeting Of Redundancyer For RLetter For Redundancy Notification - TERMINATION
GENERAL FORMAL & DISCIPLINARY PROCEDURES
How To Resolve A Conflict Between Employer And Employee
Principles To Follow With Disciplinary Action
PERSONAL GRIEVANCES AND DISCRIMINATION
Raising a personal grievance
Information about resolving an Employee's relationship problem
Presumption in discrimination cases
Recovery of Recovery of wages
INSTITUTIONS
SAMPLE FORMS
IN CONCLUSION



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