Navigating Termination Of Employment

When you’re running a business, having a great team by your side is essential. Productivity and passion can all be enhanced with the right personalities coming together with a single goal. However, there is a downside to having employees. Sometimes, it means having to make tough decisions and letting someone go. 

As an employer, if you find yourself in this position then it’s important to navigate the termination of an employee with utmost care. The last thing you want is legal trouble because you didn’t go about it the right way. On the contrary, if you take the proper steps, then termination of employment can be made easier on both parties. Keep reading to find out more.

When Can I Terminate An Employee? 

When terminating an employee, it’s important to follow the provisions set out by the Employment Relations Act. The legislation determines the appropriate methods and circumstances for terminating an employee. As a general rule, you need to have reasonable reasons for terminating an employee, such as their performance or conduct. 

Additionally, you will likely be required to undertake steps to rectify the issue, as opposed to just letting the employee go after one mistake. For example, some employers might have their employee on probation period if they’re not performing up to the standard. Whatever process you opt to undertake, it’s important to have a written record of it. 

Keep in mind, employees have rights when it comes to their dismissal. If they feel they have been wrongly or unfairly dismissed, they have the right to lodge a complaint. This can be a headache to deal with, not to mention your business’s reputation might suffer from such claims. However, if you’ve taken all the appropriate measures then you won’t have anything to worry about. 

Anything Else I Need To Look For When Dismissing An Employee?  

Aside from the Employment Relations Act, there’s other legal factors that will determine what, when and how it is appropriate to dismiss your employees. 

For instance, Employment Contracts play a key role in determining what happens during dismissal. If you’re an employer, you need to review the contracts you have with your employees prior to dismissing them. If there’s instructions or procedures in the contract regarding dismissal, then it’s important to follow them. You want to avoid being in breach of a contract when dismissing an employee. 

If you’re unsure about your employment contracts or need advice regarding your specific circumstances, then it’s always a good idea to chat with a legal expert. They can take a look at your situation and advise you on the best way to proceed with matters legally.   

Does An Employer Have To Give Notice Of Termination?

Yes. Giving notice when terminating an employee is required by all employers. This goes both ways as well. If an employee decides to quit working for you, they must give notice beforehand. 

Should I Give Written Notice?  

You will need to give your employees written notice of employment. Even if you’re not required to in certain circumstances, we always recommend having it on paper. That way, if there’s ever any confusion or misunderstandings down the road, you can always refer back to the notice you gave your former employee. 

What Is The Notice Period For Termination Of Employment? 

The notice period for termination of employment will depend on a number of different factors. As we mentioned, employment contracts play a significant role in determining the notice period for termination of employment. If you’re wondering about the minimum period of time to give notice, it’s best to look there  first. 

If contracts aren’t providing you with any answers, then it’s best to follow the standard practices set out by Employment New Zealand on notice periods for dismissal. According to Employment New Zealand, the notice period for termination is dependent on what would be reasonable for the employee. This means, taking into consideration the amount of time it may take an employee to find new employment as well as how long the handover for their current work will be. In most cases, notice periods of about 2-4 weeks are considered appropriate. 

If you’re thinking of dismissing an employee, it’s best to take a look at Employment New Zealand regulations to see what your obligations are. If you need help, chat with one of our legal experts. 

What About Redundancy Pay?  

When an employee’s job is no longer needed or your business is in financial trouble then you may be able to declare an employee redundant. 

Some employers choose to provide their employees with redundancy pay, however there’s no legal obligation to do so unless you have agreed to it beforehand. For example, your Employment Contracts or Workplace Policies could contain information about redundancy pay. It is crucial to read through any legal agreements that determine whether your employee is entitled to redundancy pay and follow through on them. 

If there isn’t any prior agreement relating to redundancy payments, then it’s up to your own discretion to offer this to your employees. 

When Can I Immediately Dismiss An Employee?

Even though giving adequate notice is imperative when dismissing an employee, there are certain circumstances where the immediate dismissal of an employee can be considered appropriate. For instance, criminal conduct by an employee can warrant an immediate dismissal.

Before you take this step, make sure you have not only due cause and reason, it’s also important to have undeniable evidence. That way, you can be sure you’re not making any mistakes. Moreover, if the dismissal is disputed by the employee, you’ll have evidence to back up your claims. 

If you’re unsure about whether an immediate dismissal is appropriate, then it’s best to chat with a legal expert about your situation.  

As An Employer, Can I Withdraw A Notice Of Termination? 

So, you’ve let an employee go, given them their notice and know you’ve realised that perhaps that wasn’t the best decision after all. As natural as mistakes are, it’s important to acknowledge them as best you can. 

If you have given an employee their notice of termination and they have accepted it, then by most standards you have effectively ended your employment agreement with them. As a result, it would be difficult (and most likely considered unfair) if you opted to change your mind and tell the employee they are in fact, not fired. 

If you have made the wrong decision in dismissing an employee, then you’ll need to let them know of your intention to rehire them. If the employee agrees to continue working for you, it may be best to draft a new contract from there, depending on your circumstances. 

Keep in mind, not all situations are the same when it comes to dismissing an employee. If you find yourself in a unique predicament like the one we just mentioned, it’s best to get expert advice on how to proceed. Discussing things through with an Employment Law Expert can help you gain much needed clarity. From there, you can make the best decision possible for your business and employees. 

Next Steps 

When you’re terminating an employee, it’s important to carefully navigate through employment law regulations to make sure your actions are legally compliant. If you need help, it’s always best to contact a legal expert for advice. To summarise what we’ve discussed: 

• Terminating an employee should be done with care to avoid legal issues
• Reasons for termination should be reasonable and you may need to address the issue first
• Employees have rights and can file complaints if they feel unfairly dismissed
• Review employment contracts to ensure compliance with dismissal procedures
• Written notice is recommended when terminating employees
• The notice period depends on various factors, including employment contracts and what is considered reasonable
• Redundancy pay is not legally required, unless there’s a legal agreement stating the employee is entitled to it 
• Immediate dismissal may be appropriate for certain conduct with strong evidence 
• Consult with a legal expert if unsure about dismissal decisions
• Generally, once notice is given and accepted, it’s challenging to withdraw it
• Seek expert advice for unique dismissal situations and legal compliance

If you would like a consultation on your options moving forward, you can reach us at 0800 002 184 or [email protected] for a free, no-obligations chat.

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