6.8 Discipline and Dismissal

6.8.1 The following principles are to be followed when dealing with disciplinary matters:

    1. The employee must be advised in writing of the specific matter(s) causing concern and be given a reasonable time and opportunity to provide an explanation. Before making a final decision the employer may need to make further inquiries in order to be satisfied as to the facts of the specific matter(s) causing concern.
    2. The employee must be advised of the right to request representation at any stage.
    3. Where relevant the employee must be advised of any corrective action required to amend their conduct and given a reasonable opportunity to do so.
    4. If the alleged offence is sufficiently serious an employee may be placed on suspension pending further inquiry under (a). In most situations the suspension will be on pay. In exceptional cases where the circumstances warrant, following discussion with the employee and their representative, leave without pay may be considered.
    5. The disciplinary findings and any disciplinary action will be recorded in writing and a copy provided to the employee, and placed on their personal file.
    6. The provisions in Part 7 explain the processes available under the Employment Relations Act 2000 (external link) to any employee aggrieved by any action of their employer taken under these provisions.

6.8.2 Nothing in 6.8.1 prevents summary dismissal without notice in the case of serious misconduct.

Last reviewed: Has this been useful? Give us your feedback