Deconstruct

A disciplinary process can feel daunting, but when you break it down, it really comes back to fairness, clarity, and good faith. 🌿✨

When an allegation of misconduct or serious misconduct arises, the first step is a clear and detailed meeting invitation letter. This sets the foundation for the entire process.

It needs to outline:

➤ The specific allegations

➤ The context and details

➤ The employee’s right to seek advice

➤ Reasonable time to obtain that advice

➤ The potential outcomes

You’ll also want to reference any relevant sections of the individual employment agreement or organisational policies, things like codes of conduct, health and safety requirements, or behavioural standards that demonstrate why the issue matters.

From there, you meet with the employee, hear their response, and genuinely consider that feedback. That’s where natural justice comes in, ensuring the process is fair, reasonable, and transparent.

If a warning is appropriate, you can typically move ahead with that. But if the behaviour may warrant termination, it’s essential to take a preliminary decision step. This is where you outline your initial view, respond to the employee’s feedback, and explain your rationale.

Before making any final decision to terminate, you must consider, and document, all alternatives. Perhaps a warning wouldn’t be sufficient, perhaps assurances weren’t convincing, or perhaps the risk to the organisation is too significant. Whatever the reasons, they need to be clearly set out.

Handled well, a disciplinary process is not just compliant, it’s respectful, fair, and protective of both the organisation and the individual.

If you’re navigating a situation like this and want guidance, reach out! We’re here to support you through it with confidence and care. 💬🤝

✉️ lisa@peopleassociates.nz

📞 027 573 5483

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