Staff misconduct may lead to a disciplinary and in the extreme case, a termination from their role. Disciplinaries are an obligatory yet unpleasant procedure to follow. Usually, a process will be written into the employment agreement or workplace policies and must be adhered to by both parties. When addressing employee misconduct or performance requiring a disciplinary action, an impartial and consistent process must be followed and the reasoning for the action must be justified.
An employee must follow the following steps:
1. Consider whether there is a good reason to start disciplinary action
2. Inform the employee of the problem
3. Investigate the problem
4. Formal meeting
5. Further investigations (if necessary)
6. Second formal meeting (if necessary)
7. Consider what action to take, if any
8. Preliminary decision
9. Final decision
The employer and employee must act in good faith throughout the process and the employer must act impartially.
It is very common for the employer to come second when a disciplinary action results in litigation if the correct steps were not followed. In New Zealand, employers are governed by the Employment Relations Act 2000. If the act is not followed correctly or the employer does not have a justified reason for their actions that is deemed to be fair and reasonable for both parties, they may find themselves exposed to an action of unfair or unjustified dismissal. This could result in a costly and libelous lawsuit which may be detrimental to the company, especially in small to medium businesses.
If you find yourself in a position where you need to take disciplinary action against a member of staff, we recommend that you seek legal advice or follow the direction from the guide on the link below.
For more hints on tips for your business, check out our resources.
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