{"id":202046,"date":"2021-01-27T15:52:04","date_gmt":"2021-01-27T02:52:04","guid":{"rendered":"https:\/\/legalvision.co.nz\/?p=202046"},"modified":"2021-01-27T15:53:11","modified_gmt":"2021-01-27T02:53:11","slug":"summary-dismissal-in-nz","status":"publish","type":"post","link":"https:\/\/legalvision.co.nz\/employment\/summary-dismissal-in-nz\/","title":{"rendered":"Is Summary Dismissal Legal in New Zealand?"},"content":{"rendered":"\n

Summary dismissal is the dismissal of an employee without a notice period. As an employer, you might consider this type of dismissal for serious misconduct or situations where the employment relationship has broken down irreparably. Summary dismissal is legal in New Zealand but requires a fair process. Employers should only consider it in serious circumstances. <\/span><\/p>\n\n\n\n

This article explains how summary dismissal works, when it is justified under the law, how it relates to serious misconduct and the need for a fair process.<\/span><\/p>\n\n\n\n

How Does Summary Dismissal Work?<\/span><\/h2>\n\n\n\n

Summary (or \u2018immediate\u2019) dismissal is similar to a<\/span> typical <\/span>dismissal<\/span><\/a>, except that it does not require giving the employee notice. The employee must leave work straight away<\/span>. Likewise, they do not receive payment for a notice period (or at least the full payment of their notice period). However, you must still pay any entitlements you owe, such as annual leave, no matter the severity of the circumstances leading to their dismissal.\u00a0<\/span><\/p>\n\n\n\n

Summary dismissal is very serious, as employees are contractually obligated to a notice period when dismissed. <\/span>Employment agreements stipulate a particular notice period for an employee\u2019s dismissal (commonly four weeks)<\/span>. Hence, summary dismissal is only legally justified in certain, rare situations.\u00a0<\/span><\/p>\n\n\n\n

In What Situations Is Summary Dismissal Legally Justified?<\/span><\/h2>\n\n\n\n

Summary dismissal is only justified in instances of <\/span>serious misconduct<\/span><\/a>. Since skipping an employee\u2019s contractual right to a notice period is a significant step, it is only justified when the employment relationship between your business and the employee has completely broken down. <\/span><\/p>\n\n\n\n

U<\/span>ltimately, the employee\u2019s behaviour or misconduct has been so bad that it is not tenable for them to continue as an employee. This typically follows an investigation of the employee\u2019s alleged misconduct or claims against them. After a fair process, summary dismissal is an option to sever the employee\u2019s relationship immediately.<\/span><\/p>\n\n\n\n

When an employee commits misconduct, it can be challenging to ascertain whether it necessarily amounts to serious misconduct. The most important question to ask is whether the misconduct undermines or destroys the trust and confidence you have placed in the employee. This is more likely if the misconduct could impact the employee\u2019s ability to perform the job.<\/span> Likewise, the misconduct might impact other employees\u2019 abilities to perform their job. If an employee breaches the trust put in them to perform a particular job (such as managing the business\u2019 finances), this can be serious misconduct. <\/span><\/p>\n\n\n\n

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Other common examples include violence, bullying, harassment, fraud, illegal drugs or any behaviour that endangers your other employees.<\/span><\/p>\n<\/div>\n\n\n\n

However, even when a s<\/span>erious incident occurs, there are still procedural requirements y<\/span>ou must follow. There is always a need for a fair process.<\/span><\/p>\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\n

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