Disciplinary Procedures

Disciplinary Procedures

Ensuring a fair and balanced outcome

From time to time it may be necessary to commence disciplinary proceedings against a staff member. The outcome of disciplinary proceedings may range from no further action to be taken through to the possibility of a verbal warning or even summary dismissal.

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Employment Law

Support when you need it

As an employer considering disciplinary action, your good faith obligations contained in section 4(1A)(c) of the Employment Relations Act require you to ensure that your employee has received a copy of all information that you are relying on in making the decision, such as evidential documentation.

The employee must be given a genuine opportunity to comment on both the allegations, and the nature of any likely outcome, prior to the decision being made as to the outcome.  You then must approach disciplinary proceedings with an open mind, and be ready to hear the employee out before making your decision.

There is a critical process that must be followed in any disciplinary proceedings, and to reduce risk to your organisation, it’s best to get legal guidance to ensure you’re following the right steps for the benefit of both your business and your employee.

At Turner Hopkins we have developed a step by step process guide sheet along with draft sample letters which can be adapted to each proceeding and we are happy to provide these to our employer clients.

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