4.6 Discipline and Dismissal

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

    1. the employee must be advised of the right to request representation at any stage;
    2. the employee must be advised in writing of the specific matter(s) causing concern and be given a reasonable 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;
    3. the employee must be advised of any corrective action required to amend his/her conduct and given a reasonable opportunity to do so;
    4. if the offence is sufficiently serious an employee is to be placed on suspension with or without pay pending further inquiry under (b);
    5. the process and any disciplinary action are to be recorded, sighted and signed by the employee, and placed on his/her 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.

4.6.2 Nothing in 4.6.1 prevents instant dismissal without notice in the case of serious misconduct.

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