This is by far the most frequently asked question I receive from employers. If we were in America, I would never get this question as, in the time that it has taken you to read this page so far, that troublesome employee would have already been shown the door, never to be seen again.
New Zealand is not so liberal when it comes to such matters. Removing an employee is a complex, multi-sided matrix of tasks that most employers are generally oblivious to. By far the most difficult of these situations is where the principle of, "A little bit of knowledge is dangerous" applies. Fixing employers' mistakes is costly. It is usually not long until employers realise the false economy of trying to do this by themselves.
What should an employer do if the want to remove someone from their work place, for whatever reason? I provide specific training on how to fire an employee and safe use of the 90 day trial period legislation.
If an employee has done something that you believe is wrong, it may give you cause to fire them. In this case, you need to know how to suspend their employment lawfully and how to remove them from the workplace. All business owners and their managers need to have this skill. About 90% of the time suspensions are done unlawfully. It may seem like a small thing, but it can have big consequences later on.
We will help you assess the situation, in a fair and reasonable way, and recommend a path forward. After investigating the situation fully, you can come to a final decision that may result in either, no further action being taken, some form of warning being issued or some form of termination.
Please don't hesitate to email me at danny.gelb@employmentlaw.net.nz for more information.
