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Dismissal and Disciplinary Process for Employers NZ | Misconduct and Warnings

A practical employer guide to misconduct, warnings and dismissal: allegation letters, meetings, decision-making, proportionality and the procedural requirements in s 103A.

Matched passage: A performance process may involve written expectations, performance meetings, warnings, measurable targets, support, timeframes, and a final review.
Disciplinary meetings: employee rights and common employer mistakes

Employee rights at a disciplinary meeting: clear allegations, relevant information, representation, time to prepare, a genuine opportunity to answer and an open-minded decision-maker.

Matched passage: A disciplinary meeting story I was sitting in at a disciplinary meeting last year when the HR Manager insisted on the outcome being a final written warning.
Probationary period dismissal: what process employers must follow

The difference between a probationary period and a statutory 90-day trial, and the fair process an employer must still follow before dismissing an employee on probation.

Matched passage: Common probation mistakes No warnings: the employer stays silent, then ends employment with a surprise dismissal.
Casual employment dismissal: when casuals can still claim unfair dismissal

Casual workers can still be dismissed during a period of engagement, and disputes often turn on whether the relationship was genuinely casual or had become regular, ongoing employment.

Matched passage: How you were treated (training, uniforms, company systems, performance management, warnings).
Evidence for unjustified dismissal personal grievance claims: what to collect

Evidence checklist for an unjustified-dismissal or personal-grievance case: agreements, letters, texts, meeting records, rosters, pay evidence, medical material, job-search records and a reliable chronology.

Matched passage: Quick evidence checklist Timeline: write key dates, meetings, warnings, and what was said.
Recurring problems that come up in ERA cases

Recurring factual and procedural mistakes seen in ERA disputes, including poor records, unclear allegations, rushed dismissals, weak redundancy consultation and failures to prove loss or mitigation.

Matched passage: " This one turns up whenever there were meetings, warnings, investigations, or a dismissal process with defects.
Workplace bullying in New Zealand: what it is and what you can do

What workplace bullying means in New Zealand, the difference between repeated unreasonable behaviour and ordinary conflict or performance management, and the evidence and legal options available to an affected employee.

Matched passage: Work impacts: changes to duties, hours, targets, warnings, exclusion from meetings, or loss of opportunities.
Serious misconduct in NZ employment law - how to classify it (and why it matters more after 21 Feb 2026)

A practical framework for distinguishing ordinary misconduct from serious misconduct after the 2026 remedy amendments, with emphasis on the contractual standard, the facts proved and proportionality.

Matched passage: ... work, etc) Deliberate defiance rather than mistake or misunderstanding Repeat conduct after warnings or after clear instruction Actual harm or serious risk of harm (to people, the business, or reputation) Role and seniority (managers, finance roles, drivers, safety reps) And ...

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