Disciplinary Process Letters Pack

DISCIPLINARY PROCESS LETTERS PACK

Employer: Employer name​ Employee: Employee name​

This pack follows the "fair and reasonable employer" test in section 103A of the Employment Relations Act 2000: what would a fair and reasonable employer have done in these circumstances, including whether the employer sufficiently investigated the allegations, raised the concerns with the employee before deciding, gave the employee a reasonable opportunity to respond, and genuinely considered that response before deciding. Missing any of these steps can turn an otherwise justified sanction into a personal grievance.

PART A — INVITATION TO A DISCIPLINARY MEETING

Dear Employee name​,

1.1. Allegations and supporting evidence: Allegations and supporting evidence​ 1.2. You are invited to a meeting to discuss these matters on Meeting date/time at Meeting location​. 1.3. Right to bring a support person / representative​ 1.4. Possible outcomes of this process, depending on what is established, include: Possible outcomes (up to and including dismissal)​ 1.5. You will be given a reasonable opportunity to consider these matters and respond, including at the meeting, before any decision is made.

PART B — MEETING RECORD

2.1. Attendees: Meeting attendees​ 2.2. Employee's explanation / response: Employee's explanation / response​

PART C — OUTCOME LETTER

Dear Employee name​,

3.1. Decision: DecisionNo actionWarningFinal warningDismissal 3.2. Reasoning, including how your explanation was considered: Reasoning, considering the employee's explanation​ 3.3. This decision takes effect from Decision date. 3.4. You may raise a personal grievance in relation to this decision, generally within 90 days.

⚠️ For minor issues, consider an informal conversation before starting this formal process. Allow the Employee reasonable time between the invitation and the meeting to prepare and, if wanted, arrange a support person or representative.

SIGNATURES On behalf of Employer name​ ______________ Employee acknowledged receipt ______________ / Employee name​ /