Sometimes we have clients who are accused of doing bad things: stealing, threatening to kill another employee, harassment, ongoing serious performance issues, or any number of things. Sometimes the employee has done what they are accused of, other times they vehemently deny it but the evidence, or the employer’s attitude, is against them. The employee will have been called to a disciplinary meeting and there is a  very real possibility that they will be dismissed at that meeting. You may wonder if there is any point in being represented if you are in this kind of situation. The answer is a clear yes.

We have never (so far) been to such an employment meeting where an employer has refused to allow the employee to resign instead of being dismissed. Nor have we ever (so far) been to such an employment meeting and the employer has refused to make a payout of some kind (in some cases this has been modest, in other cases it has been surprisingly generous).

The key is that we must be with you at the meeting (or that we are instructed in time so that we can communicate with the employer before the meeting starts). Because we know what to look for, and because we offer a professional and businesslike way to resolve the differences between the parties, the employer will almost always offer more than they are legally obliged to. If you go to the meeting by yourself and then decide to try to do something after the meeting your situation is likely to be much more difficult. At that stage the employer has no incentive to convert a dismissal into a resignation or to offer you a payout. It is critical that you have representation at (or before) the meeting if you have a weak case. Of course, it is also important to be represented if you have a medium to strong case, but it is more important the weaker your case is.

If you are being discriminated against, or if you have been the victim of racial or sexual harassment, at work, you have the choice of taking your complaint to the Human Rights Commission or going through an employment process.

If you go through an employment process, a personal grievance will usually be raised and the issue can be resolved by direct negotiation, at mediation, or at the Employment Relations Authority.

Sometimes people ask which is the best way to progress their case – through the Human Rights Commission or through the employment disputes processes. We can assist you with either, however, we believe that, in most cases, the employment process is by far the best way to take your case forward. Taking your case forward through an employment process is likely to be far faster and cheaper than going to the Human Rights Commission. You will retain control of the case and you have the right of free, confidential and speedy access to the Mediation Service, an excellent resource provided by the government. If you are still employed, we can often get you a mediation within 1-2 weeks.

The same employment processes also exist to protect employees who have been unfairly accused of harassment or discrimination and who may have been unjustifiably dismissed or disadvantaged as a result.

Please contact us if you have any issues or questions.