Dos Donts Disciplinary Processes

We’re doing the hard work for you!  Prior to commencing a disciplinary process with an employee, there are many steps the employer needs to take in order to initiate a thorough and fair disciplinary process.  Getting the prep work wrong can be fatal to the process so we’ve put together a checklist for you to help get you started in the right direction.

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Calderbank

A major factor in deciding whether to bring a personal grievance will be the potential costs faced. Even if an employee succeeds, costs awarded are unlikely to cover the actual costs incurred. Further, the employer will also incur significant costs in defending a personal grievance, even when a case is of little merit. This is where a “without prejudice save as to costs” offer (“Calderbank”) can be useful.

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Performance Management

Performance management brings together the organisation’s goals and strategies, its human resources policies and practices, and all the elements of good people management and employee communication — integrating them into an organisation-wide process for planning, managing, reviewing, rewarding and developing people and their performance.

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Anzac Day Time Mondayisation

With ANZAC Day falling on a Saturday this year,  the new Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act or, as it is more commonly known, the ‘Mondayisation Bill’, will have its first big impact.

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Move Increase Remedies Personal Grievances

Until now, compensatory awards for hurt and humiliation for employees bringing successful personal grievances have commonly been between $5,000 and $7,000. Costs awards are normally far lower than the actual costs incurred, so the likelihood is that the employee will be out of pocket.

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