Every workplace experiences behavioural, conduct or performance-related problems at times. When this happens, it is important to address the matter promptly and follow the correct process required by the Employment Relations Act 2000.
The guiding principles in carrying out a disciplinary or performance management process are natural justice, fairness, and good faith. By helping you apply these principles we will ensure your employees are treated fairly, and the process provides your organisation with the minimum of risk.
Prior to or during a disciplinary process, it is often necessary to investigate. We can take care of this for you, and by being independent from your organisation we conduct a fair, unbiased and confidential investigation process without interfering with the employment relationship. Have a look at our Investigations page for more information about this service.
Any disciplinary action taken against an employee (suspensions, warnings or dismissal) can lead to a personal grievance claim against your organisation. In determining the merits of such claims, there are two elements – substantive and procedural fairness, that are primarily assessed.
Basically, the punishment must fit the crime, and you must conduct a fair and thorough process. This means sufficiently investigating the matter, raising all concerns with the employee, providing an opportunity to respond and duly considering the response before making a decision.
It can be a complicated and challenging process, however with our guidance, your disciplinary and performance-related issues can be overcome.
We appreciate the expert advice and support from the Three60 Consult (formerly Paul Diver Associates) team in supporting us to manage and reach appropriate and prompt resolution to ER issues when required, including complex disciplinary matters and mediations.
Marion Etches – HR Manager NZ