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What is appropriate disciplinary action?

This is one of the most difficult aspects of a disciplinary process, and is the part that is most closely scrutinised by the Authority or the Court.  In order for any disciplinary action to be justifiable in terms of the Employment Relations Act 2000, the outcome needs to be considered consistent with “what a fair and reasonable employer […]

Getting the Disciplinary Process Right

We’re doing the hard work for you!  Prior to commencing a disciplinary process with an employee, there are many steps the employer needs to take in order to initiate a thorough and fair disciplinary process.  Getting the prep work wrong can be fatal to the process so we’ve put together a checklist for you to […]

Expired warning used to justify dismissal

The Employment Relations Authority said an expired final written warning was part of the circumstances that an employer was entitled to take into account when considering an appropriate sanction under the justification test in section 103A of the Employment Relations Act 2000, and that equally a fair and reasonable employer could be expected to have considered […]

Recent case: Final warning given 10 months after incident disadvantaged employee

When a disciplinary investigation takes a long time to complete, the employer should take into consideration the length of time that has passed when deciding on an appropriate outcome. In Hyland v Air New Zealand [2013] NZERA Auckland 108, a flight attendant who, after being woken roughly from sleep shook the person who woke her […]

Raising a Personal Grievance

An employee must raise a personal grievance with his or her employer within the period of 90 days from the date on which the action alleged to amount to a personal grievance occurred or came to the notice of the employee, whichever is the later, unless the employer consents to the personal grievance being raised […]