So Your Employer Has Called You To A Disciplinary Meeting?
There are some immeidate Do's and Do Not's
Do Not's
Don't Resign in the heat of the moment. Resignation is the last option you should be considering at this stage. If you have resigned then so long as it was not too long ago then all may not be lost, but call me straight away on 0800 HELP-ME or 021 77 1919.
Don't Panic as that will achieve nothing constructive. Instead go down the check list below to ensure you are handling the situation to the best of your ability.
Do's
Go through the check list below to best equip yourself for this potential spot of bother you are now facing.
Check List For The Employee
Documentation
Meeting invite or Notice of investigation
Have you got the invite in writing? If not then send your employer an email requesting this. A good tactic here is to set your email out in such a way to document what was told to you verbally. This is for your protection so later on if need be there is a written record of what was requested of you. A sample email you can cut and paste to your employer like this (don't forget to change the details to match your situation) is;
Hi Mike,
Yesterday at about 10 am you requested that I attend a disciplinary meeting tomorrow afternoon at 2 pm about your accusation that I was involved with crashing the company car. In order for me to prepare for this meeting please can you email me exactly what it is you are alleging and the reasons you believe I have done something wrong and on what information you are making these allegations. Once I have this from you I will need to consider if I need a support person or not. If I do then the meeting time may need to be changed depending on the availability of my support person.
Regards,
Sarah.
Allegations against you
Is it clear in the documentation what it is that is being alleged against you? You need to know this to be able to appropriately prepare for your meeting. An allegation of "Serious Misconduct" with no details of what your alleged actions of serious misconduct were is simply not good enough as effectively you are going into the meeting completely blind, thus not able to prepare adequately.
Even if you think you know what the alleged item of serious misconduct is it is best to get this confirmed in writing. You may think that they are calling you to explain your actions after last Friday night drinks, when in reality it could be something completely different, like an unauthorised discount to a client. You need to be prepared to answer their questions on the topic. Failing to prepare for this in reality is preparing to fail.
If your employer has not provided you with this information then send them an email requesting it. A sample email you can cut and paste to your employer like this (dont forget to change the details to match your situation) is;
Hi Marie,
Further to your email calling me to the disciplinary meeting for alleged serious misconduct, your email is a bit light on specific details. In order for me to prepare for this meeing please can you email me exactly what it is you are alleging and the reasons you beleive I have done something wrong and on what information you are making these allegations. Once I have this from you I will need to consider if I need a support person or not. If I do then the meeting time may need to be changed depending on the availability of my support person.
Regards,
Peter.
Potential Outcomes of the Process
Does the email (or letter) state what the potential outcomes of this process could be. Typically there will be a sentence in the documentation along the lines of,
Should the allegations be substantiated or we do not accept your explanation then we will be considering disciplinary action up to and include XXXX.
The XXXX could be any of the following,
Instant dismissal
Termination of employment on notice
Final written warning
Written warning
Verbal warning
Do I Need A Support Person?
It is always a good idea to take someone along to the meeting. The only person that I strongly advise you do not take is anyone who is also an employee of the same employer. The reason for this that should the meeting go pear shaped then it may be difficult for your support person to then give evidence against the employer as they will then be fearing for the future of their employment.
Disclaimer
Although employment law is a very serious business as it directly affects peoples ability to put a roof over their head and food on their table for not only them, but their family as well, it does have on occasion a lighter side. These lighter sides can range from an entire ridiculous situation to a one line statement made. Quite often I come out of a situation thinking that the truth is way better than any fiction that can be created. However, with the confidentiality of the arena of employment law it makes it difficult at times to talk about our work stories.
What I have attempted to do here is to take the factual basis of an event that I have personally been involved with and to then change enough elements so that it can not be identified back to the people involved, thus saving the opportunity for more grief. At times I have sliced and diced multiple events in order to give extra protection to the identity of the unique characters involved, which I suppose includes myself.
Any questions or inquires regarding the contents of any story will not be answered. Any additional matters raised will be on a neither confirm or deny basis.
There are two very distinct ways that we help people involved with redundancies. This depends on who we are assisting at the time. We are in a unique situation whereby we effectively 'hunt with the hounds and run with the hares'.
However, we can only take one side in a any redundancy situation. Whichever side engages us first then stops us being able to give advice to the other side, as that would be a conflict of interest.
To find out how we can help you, click on the side you are aligned with below.
There are two very distinct ways we help people involved with disciplinary meetings. This depends on who we are assisting at the time. We are in a unique situation whereby we effectively hunt with the hounds and run with the hares. However we can only take one side in a disciplinary situation. Whichever side engages us first then stops us being able to give advice to the other side as that would be a conflict of interest.
To find out how we can help you, click on the side you are below.
Unfortunately most employment disputes are not addressed quickly enough are a left to fester until drastic action or intervention is required such as a disciplinary meeting or the forced resignation of an employee that then leads to a personal grievance claim against the employer. This can be very disruptive and expensive for the employer. Common figures quoted say that even when an employer wins at the employment court in defending a personal grievance it still costs them around $10,000 after being awarded costs by the judge from the employee. If the employer looses it will cost them in the vicinity of $30,000 to $35,000. This does not take into account any cost for the employers own personal time or the disruption to the work place.
Early intervention is designed to nip such problems in the bud. By having a mediation at the workplace with the people involved, people can amend their ways, or the employer can amend their systems and procedures in order to improve the working environment for everyone. Quite often the person in question has no idea that their actions are causing concern to another. It may be a cultural difference or just the way someone is conducting themselves that may be offensive without them knowing it. These can be dealt with privately and confidentially in mediation with an action plan agreed to that addresses everyone's issues so that their long term interests are satisfied.
Most employers are very willing to pay the fees associated with such a mediation because this is far cheaper for them in the long run compared to the cost of going through a disciplinary process and possible employment court situation. Please don't hesitate to contact us on 0800 746 225 or email for an obligation free discussion on your situation.
This question is a regular subject for calls, especially round the latter part of December each year.
The simple answer is pretty straight forward. The complex answer, funnily enough, is not. However, if you have to ask this question then there are a few other basic questions that you need to ask yourself for the bigger picture.
So, Am I Entitled To Holidays, Paid Or Unpaid Over The Christmas Break?
If you have worked for your employer for over 12 continuous months and you have a positive leave leave balance then you are entitled to any unused annual leave. Legally, you are not entitled to any annual leave until the first anniversary of your continuous employment. However, many good employers will accrue annual leave for you from the first day of you working for them and they will effectively let you use this leave even though legally they don't have to.
The issue this raises is that why would an employer not let you use annual leave you have accrued but you have not worked for a period of 12 months for them? Generally having employees with holidays owing is a nuisance for employers. Firstly they have to set money aside for this that technically is not theirs and secondly, they then run the risk of you wanting holidays when it does not suit them, thus there is the possibility for workplace conflict. Thirdly, traditionally, employees are at their least productive over the Christmas new years weeks. What I have to say next is a mass generalisation and should not be read as gospel, as some large employers have blanket rules for various reasons so my next statement may not apply. The most common rule we find employers not giving employees leave over Christmas is due to the employer not valuing the employee and possibly the employer wanting to get rid of that employee. You will know in your heart if this statement rings true for you or not. If this statement has hit a nerve then it's time to start seeking new employment so that you can leave on your own terms, not your employer's terms.
Should you want to know in more details about your entitlements for working public holidays over the Christmas break then best to call the Ministry of Business, Innovation & Employment (formally the Department of Labour) on 0800 20 90 20. Usually the time people want to know about this is when I am being festive myself and the chance of you getting a straight coherent answer out of me is quite remote.
I am available for two meetings per day being 9:30 am & 2:30 pm.
We also do consultations from my Karaka office Monday to Thursday in the afternoons and earl evenings. These can be in person or via a video or phone call. Please contact us to inquire about our availability.
(Updated 15 May 2025, subject to change)
Date
Mornings
9:30 AM - 12:30 PM (In person or online)
Afternoons
2:30 PM - 5:30 PM (Online only)
Thursday 15/5/2025 through to the Weekend
I may be available by phone 0800 HELP ME (0800 435 763), by email or text 021 77 1919. Please don't hesitate to call.
If something has just happened with one of your staff and you need immediate assistance, call us now 24/7, for free (even from your mobile phone), on 0800 HELP ME (0800 4357 63). Our first consultation is free, subject to our T's & C's. Should I be unavailable due to being in a mediation or an Employment Relations Authority hearing, then leave a quick message with my secretary and I will call you back at my next available opportunity. This will be either during my next break or as soon as I get your message. Should you prefer to text me, then send your text to 021 77 1919.
The first piece of advice we give to all employers is that, once they realise they have a problem with an employee, they need to get advice as to how the situation can be best handled. Most employers that face employment problems (which can cost tens of thousands) try to handle the situation alone, not realising that the employee they are dealing with is getting advice behind the scenes on how to feed the employer enough rope to hang themselves with.
According to the figures that the EMA publish, the average cost for an employer, if they lose an employment case, is approximately $35,000. The bad news is that, even if you are right and you win against the employee, it will still cost you in dollars, approximately $10,000.
These figures do not take into account the value of your lost time in dealing with the dispute and the lost productivity within your business as a result.
We mainly help employers with difficult issues such as:
New Zealand has very strong employment law legislation. This employment law is unique to our country and many international organisations and companies struggle with it. The last set of legislative changes, that came into effect in 2014, helped swing the employment law pendulum back towards the employer. However, the consensus is that the current legislation still favours the employee. The predominant pieces of legislation regarding our employment law are:
(A new window will open from New Zealand Legislation site)
You may find information on your specific employment issues on our Employment Law FAQ page.
When something happens at work you may feel like you're alone. However, it has also happened to thousands of others before you and we are here to help.
If something has just happened to you at work, and you need immediate assistance, call me 24/7 for free now, even from your mobile phone, on 0800 HELP ME (0800 4357 63). Should I be unavailable due to being in a mediation or an Employment Relations Authority hearing, then leave a quick message and I will call you back at my next available opportunity. This will be either during my next break or as soon as I get your message. Should you prefer to text me, then send your text to 021 77 1919.
Read our reviews on our Trade Me services page. (A new window will open)
We help many employees that find themselves in difficult situations such as:
Wrongful termination, being sacked or fired
Being called to a disciplinary meeting
Being forced to resign from work (constructive dismissal) and wanting to do something about it
Wrongful written warning
Needing help with a personal grievance
Needing help with redundancy issues.
Wanting to know their rights as an employee
Workplace bullying or harassment.
New Zealand has very strong employment law legislation. This employment law is unique to our country and many international organisations and companies struggle with it. The predominant pieces of legislation for our employment law are:
Mediation and facilitation can be used to help employees and employers in many situations when they have issues with employment law or a dispute or friction in the workplace. Employment law situations can get highly emotive as we are dealing with people's livelihoods. We can act in one of two capacities for employment law situations or disputes in the workplace. Firstly, we can act as the advocate for you, i.e. you appoint us as your support person or representative and we solely represent your best interests with the issues that you have. Secondly, you and employer jointly appoint us and we come in as the neutral party helping both sides come to a consensual agreement over the problem.
Our FAQ page has some typical employment law scenarios that people find themselves in, and what they can possibly do to help resolve the situation to their best advantage.
Should you have an employment issue not covered above, then please don't hesitate to call us on 0800 HELP ME (0800 4357 63) or email danny.gelb@employmentlaw.net.nz
