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Ending Employment


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.

Employees can quit their position with ease at any point for any reason. Employers do not have the same privilege. As far as the law is concerned, for an Employer, a permanent position is forever unless you have a legitimate reason to terminate and follow fair process.

Without surprise, discipline and termination of employees is the most challenged area in HR and Employment Law. The Government actively promotes raising personal grievances against employers who may have transgressed in some form.

There has been a cottage industry in NZ for the last 25 years around suing the Boss with many advocates offering 'no win - no fee' type services to terminated staff, knowing full well even a minor omission in process by Employers will cost them dearly in the Employment Relations Authority.

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 2021.

The contents of the book Ending Employment follow;

INTRODUCTION
Ending Employment by Agreement
Resignation by the Employee
Notes on Constructive Dismissal
Fixed-Term Agreements
Probationary and Trial Periods
Retirement
Ending Employment for Cause
Organisational Change
Medical Incapacity
Substandard Performance
Incompatibility
Abandonment
General Misconduct
Serious Misconduct
Disciplinary Process
Process Issues
Employment Agreement Issues
Personal Grievances
Other Matters
Exit Interviews
References and Certificates of Service
Settlement Agreements
Complaints Processes
Disciplinary Policy
Authority to Act
IN CONCLUSION

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