One of the main concerns we are told about by our clients is getting the disciplinary process right because of the minefield of procedural hurdles.  Making a wrong step on any one of the process requirements can result in the dismissal or warning being unjustified.  This has consequent damages for hurt and humiliation, and often lost wages too.

In a recent Employment Relations Authority case an employee was found to have deliberately misled her manager by sending an email saying she did not have certain information when she actually did have it.

This led to a disciplinary investigation which could, if properly handled, have resulted in a justified warning or dismissal.  In the case the employer however failed procedurally on just about every step of the process.

They failed to specify to her what allegations she was facing.  The letter set out only a broad allegation of failure to follow a lawful instruction with no detail. The employee could therefore not properly prepare for the meeting as she did not know what the allegations were. 

At the meeting the employer verbally advised the employee of several anonymous allegations without details of the source or date of the alleged events.  She was expected to answer these further allegations at the meeting.  Unsurprisingly, she was held not to have had a fair opportunity to prepare her response to the allegations. 

The employee heard from other staff that they had made supportive statements to the employer.  She asked for copies but was refused.  She therefore could not use that supportive material in her response.  Indeed it became apparent at the hearing that the employer had actually removed supportive comments from the material it did supply to her.

The employer then made a finding of misconduct on an allegation (misleading her manager) which had never been raised with the employee.  Obviously she never had any opportunity to answer that allegation either.

The employer then imposed a final warning which was drafted in a way that lead the employee to think that it would be a permanent warning, when the employer considered it would only last six months.  This caused additional distress to the employee.

She had to receive medical treatment for the stress and use up her mother’s retirement savings to pay her legal costs.

The ERA awarded her damages of $6,000, but reduced the award by 10% because it was her original misleading of the manager that set the whole process in motion.

Don’t lie awake at night wondering what you need to do to get the process right.

For our guide to steps you need to follow see the downloads section or call me on (04) 473 6850.