thinking about fair process

Give Your Employee A Chance To Change Your Mind

Plenty of New Zealand employers think the law is too “employee-friendly”. They cite cases where employees were surely at fault, but came away with big awards because the employer stuffed up the dismissal process. “How can that be fair?,” they wonder. They go on to assume that it doesn’t matter who’s right or wrong. Process […]


What Is Incompatibility?

It is generally well known that you must have a good reason to dismiss an employee under New Zealand law. The sorts of good reasons you may be familiar with include: that the employee’s position is redundant; that the employee has misbehaved; or that the employee’s performance is not up to scratch. But there are other, […]

Employers Are Not Judges

How sure must you be that you have your facts right before dismissing an employee for misbehaviour? You usually can’t be 100% certain that they did what you have alleged. If you didn’t see it with your own eyes, you will need to rely on what others say they saw or heard to reach a […]

Is A Support Person Allowed To Speak?

One aspect of what it means to be a fair employer is allowing your employees to have support and advice during disciplinary meetings. But depending on the nature of the person who your employee has brought along with them, their presence can either: help the meeting go smoothly by supporting the employee and engaging with […]