ERA Basics
What section of the ERA requires employers to act fairly in disciplinary matters?
Section 29 – Right not to be unfairly dismissed
What document must be sent to an employee before a disciplinary hearing?
A written invitation letter stating the allegations and right to representation.
Who usually chairs a disciplinary hearing?
A neutral manager or HR representative not directly involved in the incident.
What right does an employee have after receiving a disciplinary decision?
The right to appeal.
What must every employer provide within 30 days of any change to terms of employment?
A written statement of particulars (the “30-Day Rule”).
Who can accompany an employee at a disciplinary hearing?
A trade union representative or another employee of their choice.
What must the chair do at the start of the hearing?
Introduce everyone, explain the process, and confirm understanding.
Who should hear the appeal?
person not involved in the original hearing (often senior management).
What is the key principle of fairness required under the ERA?
The employee must be given an opportunity to know the allegations and respond.
What should be given to the employee to help them prepare for the hearing?
Copies of evidence (witness statements, CCTV, reports)
What should the employer’s representative present first?
The company’s case – including evidence and witnesses.
What are possible outcomes of an appeal?
Uphold, reduce, overturn,
Can a company dismiss an employee without a hearing?
Only in cases of gross misconduct and where the facts clearly support summary dismissal.
If new evidence emerges after the hearing starts, what should the chair do?
Adjourn the hearing to allow the employee to review and respond.
What must be recorded during the hearing?
Minutes or notes
What could make an appeal process unfair under the ERA?
Bias, failure to review evidence, or not giving the employee a chance to present their case.
What is the purpose of the ERA’s disciplinary framework?
To ensure fair treatment, due process, and protection from arbitrary dismissal.
What happens if an employer fails to follow a fair process?
The dismissal can be deemed unfair under Section 29 of the ERA.
When should the employee be informed of the outcome?
Within a reasonable period after the hearing, usually in writing within 7 days.
Name one example of gross misconduct
Theft, fighting, fraud, serious insubordination, or intoxication at work.