When dealing with staff, an employer should keep in mind the mutual obligation of good faith that employers and employees owe to each other pursuant to section 4 of Employment Relations Act 2000.
The easiest way for an employer to fulfil this obligation to employees is to have a comprehensive employment agreement and clear company policies and procedures which outline the respective obligations of the employer and employee, as well as the process to be followed in the various circumstances that may occur in the course of the employment relationship.
There seems to be a commonly held view that employment law is stacked in favour of the employee. This is not necessarily the case however an employer must ensure that their decisions are not only substantively fair, but also follow a fair process. For example, where an employer believes that an employee is performing poorly, a fair and reasonable employer will endeavour to find out why the level of performance is less than that expected and will provide an opportunity to the employee to improve their performance. A fair and reasonable employer should be prepared to provide training to the employee if this is required to obtain the desired level of performance.
Likewise, if the employee’s performance does not improve or the employee has misrepresented their skills or abilities when entering into the employment relationship the employer may be able to terminate the employee’s employment. Once again it is important that an employer follow a fair process.
If you have an employee that you believe is not performing as expected or may be guilty of misconduct, please contact one of our employment experts for advise on the process to be followed in resolving the situation.
