The Dismissal Letter Due To Theft is a crucial document in New Zealand employment law that must be carefully drafted to ensure compliance with the Employment Relations Act 2000 and related legislation. It is used when an employer has conducted a thorough investigation into theft allegations and decided to terminate employment based on substantiated evidence. The letter serves multiple purposes: it formally documents the termination decision, outlines the investigation process and findings, records the employee's response, and specifies the terms of the termination. The document must demonstrate that the employer has followed proper procedures, acted in good faith, and provided the employee with an opportunity to respond to allegations. This document is particularly important as it may be scrutinized in subsequent legal proceedings if the employee files a personal grievance claim.
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1. Date and Address Block: Current date and employee's full contact details
2. Subject Line: Clear indication that this is a termination of employment notice
3. Opening Statement: Direct statement of employment termination and reference to previous investigation/meeting
4. Details of Incident: Specific description of the theft incident(s), including dates, times, and items involved
5. Investigation Process: Summary of the investigation conducted, meetings held, and evidence considered
6. Employee Response: Summary of the employee's response or explanation during the investigation process
7. Basis for Decision: Clear explanation of why theft has been determined and why it constitutes serious misconduct
8. Termination Details: Specific details about the termination including effective date and final pay arrangements
9. Return of Company Property: List of company property to be returned and process for return
10. Closing: Signature block and contact details for any follow-up questions
1. Previous Warnings: Include if there have been previous incidents or warnings related to misconduct
2. Recovery of Stolen Items: Include if there are arrangements for recovery or repayment of stolen items/money
3. Police Report: Include if the matter has been or will be reported to police
4. Non-Disclosure Requirements: Include if there are specific confidentiality requirements post-termination
5. Reference Policy: Include if specifying how future employment references will be handled
6. Outstanding Loans/Advances: Include if there are any outstanding financial matters to be settled
1. Investigation Report: Detailed summary of the investigation findings and evidence collected
2. Meeting Minutes: Minutes from disciplinary meetings and investigation interviews
3. Evidence Documentation: Copies of relevant evidence (CCTV footage references, witness statements, etc.)
4. Final Pay Calculation: Breakdown of final pay including any deductions or outstanding entitlements
5. Previous Warning Letters: Copies of any previous relevant warning letters if applicable
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