The Formal Disciplinary Letter is a essential document in New Zealand's employment framework, used when formal action is required to address serious misconduct or persistent performance issues in the workplace. It forms part of a fair and transparent disciplinary process required under the Employment Relations Act 2000 and related employment legislation. The letter should be issued after initial investigations or discussions have taken place and when the employer has reasonable grounds to believe disciplinary action may be warranted. It must contain specific details about the allegations, reference to relevant policies or employment terms, and clearly outline the process to follow, including the employee's rights to representation and response. This document is crucial for maintaining proper employment records and ensuring procedural fairness in case of further escalation or potential personal grievance claims.
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1. Letter Header: Including date, employee's name and address, marked 'Private and Confidential'
2. Subject Line: Clear indication that this is a formal disciplinary letter
3. Issue Description: Detailed description of the misconduct or performance issue, including specific incidents, dates, and times
4. Impact Statement: Explanation of how the behavior has affected the workplace, colleagues, or business
5. Previous Discussions: Reference to any prior informal discussions, warnings, or meetings about the issue
6. Policy Reference: Reference to specific workplace policies, employment agreement terms, or expected standards that have been breached
7. Meeting Details: Information about the disciplinary meeting, including date, time, location, and right to bring a support person
8. Potential Consequences: Clear statement of possible outcomes if allegations are proven, including potential disciplinary actions
9. Response Rights: Information about the employee's right to respond and the timeframe for response
10. Closing: Signature block and contact details for questions or clarifications
1. Immediate Suspension: Include when serious misconduct requires the employee to be suspended pending investigation
2. Performance Improvement Plan Reference: Include when the disciplinary action relates to ongoing performance issues and previous improvement plans
3. Union Representative Notice: Include when the employee is a union member or covered by a collective agreement
4. External Investigation Reference: Include when an external investigator has been or will be appointed
5. Health and Safety Implications: Include when the disciplinary matter involves workplace safety violations
1. Evidence Documentation: Copies of relevant evidence supporting the allegations
2. Relevant Policies: Copies of workplace policies or procedures that have been breached
3. Previous Warnings: Copies of any previous written warnings or relevant correspondence
4. Investigation Report Summary: Summary of any investigation findings if an investigation has been completed
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