So far at least, the law relating to personal grievances doesn’t look like undergoing major changes, according to Jo-Anne Knight of Brookfields.
“The Employment Relations Bill however, does introduce significant alteration in the remedies available to an employee who successfully proves that he or she has been unjustifiably dismissed from their employment.
“Currently such an employee is more likely to end up with an award of damages. Under the Employment Relations Bill, reinstatement becomes the primary remedy. It is doubly important, therefore that dismissals are handled correctly.” If you wish to avoid having unwanted employees being reinstated to their positions Ñ remember:
Any dismissal must be sub-stantively justified. There has to be good reason as opposed to taking other disciplinary action.
If there’s procedure set out in the employment contract Ñ follow it. Cutting corners can be hazardous.
The employee must be given the chance to hear concerns and give an explanation.
Whenever there’s to be meeting to discuss disciplinary issues, the employee should be told it concerns their ongoing employment and invited to bring support person or representative.
Notes should be taken at each meeting. It’s also good idea to have designated person there for that purpose. The outcome of any disciplinary meeting should be recorded in writing.
Forming partnerships with Māori business
Broadcaster and journalist Mike McRoberts (Ngāti Kahungunu) will be speaking to directors and the business community at an Institute of Directors’ event Te Ōhanga Māori: Connecting with the Māori economy.