Disciplining an employee is an uncomfortable and difficult process for an employer to undertake. If handled poorly or incorrectly, it can lead to challenges and issues.
There are some standard steps every employer should follow to ensure any disciplinary meeting has been handled properly.
1. Notify the employee of a disciplinary meeting
Before any meeting regarding the conduct of an employee, they should be advised in writing of the upcoming meeting. This allows the individual to assess any allegations raised, and importantly, to arrange for a support person or representative to accompany them to the meeting if they wish. The Employee should be issued with an invitation to a disciplinary meeting as well as any evidence before the disciplinary meeting, allowing them a reasonable time to prepare.
In terms of what constitutes reasonable notice of a meeting, this will be dependent on the seriousness of what's being alleged and how much time the employee can be reasonably expected to need to formulate a response, and engage a support person, if they wish.
For straightforward or singular allegations of general misconduct, 24 to 48 hours’ notice of a disciplinary meeting may be reasonable. In factually complicated matters or matters with multiple allegations, large volumes of evidence, or allegations of serious misconduct, then 72 hours or more may be needed.
2. Provide the option of bringing support a person or representative
The employee should be informed of their right to have a support person or representative present with them at the meeting. This may be a family member or friend, or a formal representative such as a lawyer, union representative or employment advocate.
A support person or representative has the right to ask questions or provide further information on behalf of the employee during the meeting.
3. Provide opportunity for the employee to respond
Allowing the employee to respond to any allegations of misconduct before a decision is made, is a vital step in the process.
It is important that an outcome is not determined before fully considering the employee’s responses, and any other matters which could be relevant. It is good practice to ask the employee what they think an appropriate outcome would be. An employer should allow enough time between a disciplinary meeting and the proposal of any outcome, to ensure responses have been thoroughly considered. Be sure to take thorough notes of the discussion during the disciplinary meeting.
4. Provide opportunity for the employee to address their conduct
It is important to remember that dismissal following a disciplinary process must be:
- for a good reason, and
- following a fair process.
Allowing an employee time to improve their conduct following a disciplinary issue, and supporting them to do so, demonstrates being a fair and reasonable employer acting in good faith. It is important to implement corrective actions following a disciplinary process, like issuing a written warning and/or providing further training. If the employee’s conduct does not improve, then this needs to be addressed as soon as possible using the same process.
Get employment relations support with Peninsula
Peninsula works with Kiwi business owners to implement effective employment relations processes and secure workplaces. Our team offers tailored support and guidance for Kiwi businesses seeking to step up their workplaces. Talk to our team today about managing disciplinary meetings on 0800 675 700
This article is for general information purposes only and does not constitute as business or legal advice and should not be relied upon as such. It does not take into consideration your specific business, industry or circumstances. You should seek legal or other professional advice regarding matters as they relate to you or your business. To the maximum extent permitted by law, Peninsula Group disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, and reliability of the information in this article.
Have a question?
Have a question that hasn't been answered? Fill in the form below and one of our experts will contact you back.