It’s that time of the week again, the one I know you have been waiting all week for ….New Zealand Employment Law test time!

Last week I asked you…

𝘞𝘩𝘪𝘤𝘩 𝘰𝘧 𝘵𝘩𝘦 𝘧𝘰𝘭𝘭𝘰𝘸𝘪𝘯𝘨 𝘤𝘰𝘶𝘭𝘥 𝘯𝘰𝘵 𝘣𝘦 𝘤𝘰𝘯𝘴𝘪𝘥𝘦𝘳𝘦𝘥 𝘵𝘰 𝘣𝘦 𝘴𝘦𝘳𝘪𝘰𝘶𝘴 𝘮𝘪𝘴𝘤𝘰𝘯𝘥𝘶𝘤𝘵?

Bullying
Lateness
Health and Safety Breach
Theft

Of 306 responses, 89% got it correct by answering ‘Lateness’ – yes lateness could not be considered to be ‘serious misconduct’.

Let me explain

Misconduct (poor conduct/behaviour) can be categorised as either ‘𝐦𝐢𝐬𝐜𝐨𝐧𝐝𝐮𝐜𝐭’ or ‘𝐬𝐞𝐫𝐢𝐨𝐮𝐬 𝐦𝐢𝐬𝐜𝐨𝐧𝐝𝐮𝐜𝐭.’

Obviously just from the label it is clear that the latter is worse – when it is labelled as ‘serious misconduct’, it is because the employee’s actions are so serious they have potential to 𝐝𝐞𝐬𝐭𝐫𝐨𝐲, 𝐝𝐚𝐦𝐚𝐠𝐞 𝐨𝐫 𝐮𝐧𝐝𝐞𝐫𝐦𝐢𝐧𝐞 the trust and confidence between the employer and employee, which is essential in an employment relationship

Lateness does not fall into this category, but it could be considered misconduct. When addressing ‘misconduct’ generally the worst case outcome for the employee is a written warning (unless it is repeated)

However when we are talking about more serious issues, such as those detailed above (bullying, theft etc) then it is likely termination will be a possibility

This is such an important assessment and process to get right, so if you support these processes PLEASE ensure you know what you are doing – for the good of everyone involved!

Right, this weeks NZ employment law question is…

A summary dismissal is when an employee…

A. Is terminated without notice

B: Signs a settlement to leave

C: Is terminated with no process

D: Is terminated in 1st 30 days