Can I dismiss an employee for misconduct?

Possibly, but employers must follow a fair and reasonable disciplinary process before making a decision to dismiss an employee. Even where misconduct appears serious, failing to follow the correct procedure can expose your business to a personal grievance claim. Seeking legal advice early can help ensure the process is handled correctly.

What is a fair disciplinary process?

A fair disciplinary process gives an employee the opportunity to understand the concerns raised, respond to the allegations, and have their explanation properly considered before any decision is made. Every situation is different, but following a fair process is a fundamental requirement under New Zealand employment law.

Can an employee be dismissed without a warning?

In some circumstances, yes. Where serious misconduct has occurred, dismissal without prior warnings may be justified. However, employers are still required to carry out a fair investigation and disciplinary process before making a decision. Whether dismissal is appropriate will depend on the specific facts of the situation.

When should I seek legal advice about a disciplinary issue?

It's best to seek legal advice before starting a formal disciplinary process, restructuring, or termination. Early advice can help you understand your obligations, avoid procedural errors, minimise the risk of personal grievance claims, and manage the matter with confidence.

Can I make an employee redundant?

Yes, provided there is a genuine business reason for the redundancy and a fair consultation process is followed. Redundancy must not be used as a substitute for performance management or disciplinary action. We can help you understand your obligations and guide you through the process.

Disciplinary Action & Terminations | Smith and Partners Lawyers

Common employment matters

Our team regularly advises employers on matters including:

Performance management
Misconduct and serious misconduct
Workplace investigations
Disciplinary processes
Employment terminations
Restructuring and redundancies
Personal grievance claims
Employment agreements and policies
Independent contractor versus employee disputes
Restraints of trade and non-compete clauses

Every employment matter is different, and the most appropriate approach will depend on the circumstances, the employment agreement, and the legal obligations that apply.

Managing disciplinary action and terminations

Disciplinary action and employment terminations must be handled fairly and in accordance with employment law. Employers are expected to follow a proper process, give employees an opportunity to respond, and make decisions that are reasonable in the circumstances.

Taking shortcuts or failing to follow the correct procedures can expose your business to unnecessary risk and personal grievance claims.

Can I dismiss an employee for misconduct?
Possibly, but employers must follow a fair and reasonable disciplinary process before making a decision to dismiss an employee. Even where misconduct appears serious, failing to follow the correct procedure can expose your business to a personal grievance claim. Seeking legal advice early can help ensure the process is handled correctly.
What is a fair disciplinary process?
A fair disciplinary process gives an employee the opportunity to understand the concerns raised, respond to the allegations, and have their explanation properly considered before any decision is made. Every situation is different, but following a fair process is a fundamental requirement under New Zealand employment law.
Can an employee be dismissed without a warning?
In some circumstances, yes. Where serious misconduct has occurred, dismissal without prior warnings may be justified. However, employers are still required to carry out a fair investigation and disciplinary process before making a decision. Whether dismissal is appropriate will depend on the specific facts of the situation.
When should I seek legal advice about a disciplinary issue?
It's best to seek legal advice before starting a formal disciplinary process, restructuring, or termination. Early advice can help you understand your obligations, avoid procedural errors, minimise the risk of personal grievance claims, and manage the matter with confidence.
Can I make an employee redundant?
Yes, provided there is a genuine business reason for the redundancy and a fair consultation process is followed. Redundancy must not be used as a substitute for performance management or disciplinary action. We can help you understand your obligations and guide you through the process.

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