This is a serious situation, fortunately the team at Working For Workers has the experience to help.
You might be surprised to learn that as a worker, have rights under New Zealand law with regards to and form of meetings. (Even an investigation meeting! why? because it's never just a meeting).
These basic meeting rights are:
- that you are entitled to bring a representative with you;
- that you have reasonable notice of the meeting;
- you must be told what the purpose of the meeting is;
-you must be told what (if any) the allegations are;
- you must be provided the likely outcome if those allegations (if any) are confirmed;
- you are entitled to all the information and evidence the employer is using to raise the allegations before the meeting;
However, it is about how this process is handled. Going in without a representative is a sure-fire way to end up with outcomes that could detrimentally affect your future career or your livelihood.
Most employers, but definitely not all employers, will try follow the correct process as per the Employment Relations Act 2000. Typically, this will involve:
> Beginning the process with a letter that provides:
- The reason for the letter.
- The allegations (if any).
- The reason for the allegations (if any).
- The proposal (in case of a redundancy process).
- The date and time for the investigation meeting (notice this is an investigation meeting, if you have been invited to a disciplinary without an investigation meeting then the employer is not complying with the employers' obligations relevant to legislation).
- The timeframe for the investigation.
- The process should the investigation become a disciplinary process.
Never, ever go to a meeting with your employer without representation. The odds are not in your favour if you do.
An investigation meeting is an investigation into an alleged incident whereby the employer is giving an employee a reasonable opportunity to explain your version of events in order for you to defend yourself against such allegations.
Notice the words - reasonable. The legislation and the relevant case law provides what this means and how an employer should act. If it doesn't feel right, it probably isn't.
Once the meeting is at an end, the employer will consider what you expressed and either invite you to a disciplinary meeting, investigate further, or end the matter.
Once again. DO NOT go into any meetings without proper representation. Doing this is exactly the action that leads to workers having the most negative outcomes in these types of processes.
If you, or anyone you know, is facing a meeting with their employer, it is vital that they contact a representative immediately.
Delays in seeking representation can lead to negative outcomes for workers and employees.
Attending investigation meetings without representation, and all of the information the employer is using to make any decisions is how workers and employees end up getting fired without ever really knowing why.