# Fair process Official source: https://www.employment.govt.nz/starting-employment/rights-and-responsibilities/fair-process Scanned: 2026-06-07T03:31:31.402Z Use this as a current official guidance reference, not as a substitute for legal advice. ## Page Text Home Starting employment Rights and responsibilities Fair process Rights and responsibilities Starting employment Rights and responsibilities Employee rights and responsibilities Minimum rights of employees - language translations Employer rights and responsibilities Good faith Fair process Good reason Record-keeping Types of worker Hiring Employment agreements Everyone Fair process When taking any action against an employee, an employer must follow a fair process. Different rules for high income earners and trial periods An employer does not have to follow a fair process if they are dismissing an employee who: earns $200,000 or more a year (unless they have opted back in to dismissal protections), or is on a trial period. Find out more: Dismissal rules for high income earners Trial periods What fair process means To follow a fair process, employers must: fully investigate concerns, considering the resources that are available to them properly raise their concerns with the employee – communicating exactly what the problem is, providing all relevant information, and the possibility of disciplinary action give the employee a reasonable opportunity to tell their side of the story, and  genuinely consider the employee’s explanations if provided. Employers should also: make sure the decision-maker is as impartial as possible and has the appropriate level of authority inform the employee that they may have a representative or a support person present at any disciplinary meetings give the employee an opportunity to seek independent advice throughout the process give the employee full and relevant information, for example, interview notes, statements about the behaviour from others, surveillance footage give the employee an opportunity to explain or respond to the person who will make the final decision not make a decision on what action to take until after hearing and considering the employee’s response to the proposed course of action treat employees without bias and in a way that considers any similar situations that have occurred  consider all options before making a final decision. As part of following a fair process: employers must also have a good reason for their actions, and all parties must meet the good faith obligations. Good reason Good faith If the employer has a set procedure for disciplinary action or dismissal If an employer has a set procedure to deal with disciplinary issues, warnings or dismissal, they have a contractual or good faith obligation to follow this. These procedures should be set out in writing, for example, in the employment agreement A written document setting out the terms and conditions of employment agreed by the employer and employee (also known as a ‘contract of service’). It can include other contractual documents and agreements made by the employer and employee. Every employee must have a written employment agreement. or workplace policies, and this information should be accessible to employees. Published: 18 December 2023 Last modified: 17 March 2026 Written for: Everyone Share this page: Print this page: