Employee Dismissal
Stay on the right side of the law during the employee dismissal process
We’re here to help guide you through the process when staff problems arise
How to manage termination of employment
The days of being able to fire staff at the drop of a hat are long gone. A fair and reasonable employment termination process to be followed, which includes letters that need to be issued to problem employees at key stages.
An employer must also demonstrate that there’s good reason for the termination, and has a duty to keep an open mind to outcomes; they may not be pre-determined.
If an employer doesn’t meet all these requirements, the employee could make a personal grievance claim. This is costly, distracting, and could impact the organisation’s internal and external reputation.
Instead, engaging our team of HR experts means that legal processes will be followed, and in such a way that protects your organisation’s reputation and staff morale.
Is constructive dismissal an option in NZ?
Some employers may try to avoid proper employee dismissal processes by making a staff member’s employment so unenjoyable that they quit. This is known as employment constructive dismissal. Examples of constructive dismissal are:
- Maliciously assigning unpleasant or unproductive
work tasks. - Making an employee work excessive hours under
a lot of stress. - Significant reductions in working hours without getting the
employee’s consent. - Moving an employee from a permanent contract to a casual
contract – and the employee is no longer able to provide for
themselves. - Putting an employee under pressure to resign.
Our recommendation on constructive dismissal advice for employers is: don’t do it!
Constructive dismissal can be subject to a personal grievance case that goes to the Employment Relations Authority or Employment Court.
It is far less damaging, less risky, and more effective to follow a proper employee dismissal process. Especially if it’s ConsultingHQ guiding you through it.
Our consultants are experts at ensuring you minimise the risk during the employment termination processes, and also keep the relationship positive when employees are staying with the organisation. This gives your team clear expectations to move forward with.
