Managing a performance or disciplinary process can be a daunting task for any employer or people manager. However, failure to follow proper procedures can lead to legal complications, impact workplace culture and employee dissatisfaction. In this article, we will discuss some common mistakes employers make when managing a performance or disciplinary process and suggest how to do procedural fairness correctly.
Procedural fairness is an essential aspect of any workplace management process. This refers to the process followed by an employer to ensure that an employee’s rights are protected. Failure to follow proper procedures can result in legal challenges by employees, which can be costly, stressful and time consuming.
One common mistake employers make is failing to provide the employee with a clear understanding of the process. Employers should ensure that employee is aware of what is expected of them and what the consequences of their actions will be. Workplace policies are vital to assist with this process, and it is crucial to keep any relevant policies up-to-date to support both parties through the process. Procedural fairness can then be accomplished by providing the employee with a written statement of the allegations against them, the evidence supporting the allegations, an opportunity to respond and an opportunity to provide feedback on any action taken.
Another common mistake is not allowing the employee to have a support person during the process. This can be a stressful time for the employee, and having a support person can provide them with emotional support and help them understand the process better.
Employers must also ensure that the process is conducted in a timely manner. Delays in the process can result in the employee feeling unsupported and frustrated, leading to a breakdown in the employment relationship.
Additionally, employers must ensure that they have substantive justification for any action taken against an employee. This means that the employer must have evidence to support their decision and that the action taken is proportional to the alleged misconduct and what a fair and reasonable employer could do at the time.
Over time, employment cases in New Zealand have shown that employers who fail to follow proper procedures end up losing claims, resulting in costly outcomes. To ensure employers are following proper procedures, it is recommended that they seek advice from a workplace relations specialist who can assist in ensuring that the process is conducted fairly and that all legal requirements are met.
Managing a performance or disciplinary process requires procedural fairness and substantive justification. Employers must ensure that they provide the employee with a clear understanding of the process, allow the employee to have a support person, conduct the process in a timely manner, and have substantive justification for any disciplinary action taken. By following proper procedures, employers can ensure that they are protecting the rights of their employees and avoiding costly legal challenges.
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