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A Disciplinary Procedure sets out the steps employers must follow when addressing workplace misconduct or poor performance. It's a formal process that ensures fair treatment of employees while protecting businesses, aligning with NZ Employment Relations Act requirements and principles of natural justice.

The procedure typically outlines investigation methods, meeting protocols, and possible outcomes - from verbal warnings through to dismissal. It helps create consistency in handling workplace issues and gives staff clear expectations about how problems will be managed. Good procedures include rights to representation, appeal processes, and timeframes that follow Employment Court guidelines.

Start using a Disciplinary Procedure as soon as you notice serious performance issues, misconduct, or behavior that breaks workplace rules. Common triggers include repeated lateness, unauthorized absences, poor work quality, bullying, or breaching company policies. The key is to act promptly when informal conversations haven't solved the problem.

Following the procedure protects both employer and employee rights under NZ employment law. It helps document issues properly, ensures fair treatment, and reduces the risk of personal grievance claims. Use it any time you need to address workplace problems that could lead to warnings or dismissal - but remember to gather evidence first and follow each step carefully.

• Discipline And Termination Policy: The master policy document outlining the complete disciplinary framework and process steps
• Letter Inviting Employee To Disciplinary Meeting: Initial formal communication starting the disciplinary process
• Formal Disciplinary Letter: Details specific allegations and potential consequences
• Warning Letter For Disciplinary Action: Documents formal warnings and required improvements
• Employee Disciplinary Form: Records meeting outcomes and agreed actions

• HR Managers: Lead the development and implementation of disciplinary procedures, ensuring compliance with employment law and fair process
• Line Managers: Apply the procedures day-to-day, conduct initial meetings, and document performance issues
• Employees: Must understand and follow workplace rules, have rights to representation during proceedings
• Union Representatives: Support members through disciplinary processes, ensure fair treatment and proper procedure
• Employment Lawyers: Review procedures for legal compliance, advise on complex cases or potential dismissals
• Employment Relations Authority: May review cases where procedures weren't followed correctly

• Review Employment Agreements: Check existing contracts and policies to ensure alignment with your new procedure
• Document Standards: List specific behaviors, performance metrics, and conduct that could trigger disciplinary action
• Process Steps: Map out clear investigation stages, meeting requirements, and timeframes for each action
• Support Rights: Include employee rights to representation and appeal processes that meet ERA guidelines
• Record ������Ƶ: Create standardized forms for warnings, meeting notes, and outcome letters
• Communication Plan: Develop a strategy to introduce the new procedure to staff and managers
• Legal Check: Use our platform to generate a compliant procedure that includes all required elements

• Scope and Purpose: Clear definition of covered behaviors and performance issues
• Fair Process Statement: Commitment to natural justice principles and good faith requirements
• Investigation Process: Steps for gathering evidence and documenting incidents
• Meeting Procedures: Notice periods, right to representation, and meeting conduct guidelines
• Response Rights: Employee opportunity to explain and provide evidence
• Possible Outcomes: Range of disciplinary actions from warnings to dismissal
• Appeal Process: Clear steps for challenging decisions
• Documentation Requirements: Record-keeping standards and confidentiality rules
• Review Period: Timeframe for monitoring improvement and follow-up actions

A Disciplinary Procedure differs significantly from an Internal Investigation Procedure. While both deal with workplace issues, they serve distinct purposes and operate differently under NZ employment law.

• Scope and Purpose: Disciplinary Procedures focus specifically on managing misconduct and performance issues, while Internal Investigation Procedures cover a broader range of workplace incidents, including harassment, fraud, or health and safety concerns
• Timing and Application: Internal investigations often happen before any disciplinary action, gathering evidence to determine if disciplinary steps are needed
• Legal Requirements: Disciplinary Procedures must follow strict employment law guidelines about warnings and natural justice, while Investigation Procedures focus more on fact-finding and evidence collection standards
• Outcomes: Disciplinary Procedures lead directly to specific consequences like warnings or dismissal, whereas Investigation Procedures conclude with findings that may or may not trigger disciplinary action