Can You Be Hired Again if Terminated for Theft

When yous're considering dismissing someone, y'all demand to be sure information technology'south the only acceptable option. When y'all're making your decision, consider things like:

• whether there are whatever alternatives to dismissal, eastward.g. a terminal written warning
• if there are whatever mitigating factors
• were the company rules articulate?
• did y'all contribute to the effect in any way?
• have you warned them over this or a similar issue before? How long ago?
• how long they've worked for you lot.

If you lot're at all unsure on how to human activity, consider whether another reasonable employer would consider dismissal every bit an option due to the seriousness of the misconduct.

You can only consider dismissal if:

• your employee's performance has non improved despite repeated attempts with a functioning management plan, and you lot accept warned them that dismissal was a potential outcome
• the employee has a valid trial period of up to 90 days in their employment agreement and you would be dismissing them during the trial menstruation
• you lot've formally warned your employee about misconduct, but their behaviour hasn't improved and yous take now lost trust and confidence that the employee can go on in the office
• yous believe the employee's single act of misconduct is so serious that y'all take lost the trust and conviction in them to do the job.

Step 1. Investigate the matter

If an employee has engaged in serious misconduct, you may demand to investigate and gather witness statements regarding what has occurred. You should get written statements from witnesses, with details like:

• the appointment of the incident
• what time information technology happened
• a clarification of the alleged behaviour.

Tell the witnesses that you'll be disclosing their allegation to the employee you're investigating. If you witnessed it yourself, certificate your own statement of the event, and go statements from other witnesses if possible.

If the employee has engaged in previous misconduct, or has been through a performance management plan, gather the previous warnings on their file. Refer to these warnings in Step three.

Footstep two. Check documentation

Check relevant company policies and your employee'southward employment agreement for clauses outlining what is considered to be serious misconduct, and then that if the allegations are proved, yous tin confirm, that they breached your rules.

Step three. Provide written findings

Set out the details in a letter. The alphabetic character should include:

• details of the allegations (including any witness statements)
• details of any previous misconduct (include any written warnings, last written warnings, the reasons they were given and the engagement)
• excerpts of the relevant clauses in the employment agreement or visitor policies that may have been breached if the allegations are made out
• a date on which yous want to run across with the employee to discuss the allegations (let them know they can bring a support person or representation
• the consequences of what may happen if the allegations are upheld (specifically, that you're because dismissal).

Footstep iv. Encounter with the employee

Meet with your employee on the date stated in your alphabetic character. Yous can both have a support person or representative at that place, if you want to.

Talk over:

• the reason for the coming together
• the allegations against the employee
• the possible consequences if the allegations are confirmed.

Give your employee the hazard to tell their side of the story. At the end of the meeting, allow them know how long you'll take to consider the situation (usually a solar day or two), and when y'all'll inform them of the outcome.

Step 5. Make your conclusion and give written notice

Consider all the evidence and decide what the event will be. You may determine:

• that a terminal warning is an adequate result
• to dismiss the employee.

When deciding how to bargain with the behaviour, consider what an objective, reasonable employer would do in your situation. If y'all make up one's mind dismissal is appropriate, it'southward proficient practice to requite the employee another take chances to reply in person to your decision.

Detail your findings in a letter to your employee, stating:

• which clauses or policies have been breached
• why you decided on this result
• the required find menses, and their concluding mean solar day of employment with you.

For cases of serious misconduct where you have lost the trust and confidence in them to do their chore, you may be able to dismiss them without allowing them to work out the observe menstruum — this is chosen summary dismissal.

Step 6. Complete the employee leave checklist

Consummate the employee exit checklist to make sure you've done everything y'all demand to do.

Dismissal(external link) — Employment New Zealand

Giving and accepting notice(external link) — Employment New Zealand

Pause(external link) — Employment New Zealand

Investigation(external link) — Employment New Zealand

To reduce the risk of a personal grievance, don't fall into these common traps:

• dismissing someone for misconduct that isn't serious enough to warrant dismissal
• non providing support or training during a functioning management process
• not giving the employee enough fourth dimension to meliorate during a performance management process
• using warnings that are not recent enough to demonstrate an employee's ongoing misconduct
• getting the process wrong — fifty-fifty if in that location's a skilful reason for dismissal, you need to consummate all the steps, in the correct order.

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Source: https://www.business.govt.nz/hiring-and-managing/ending-employment/dismissal-or-termination/

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