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Writer's pictureLeah Norman

Balancing Act: Navigating PIPs and Disciplinary Measures

Fostering Performance and Accountability in the Workplace


As an employer in New Zealand, maintaining a productive and harmonious workplace while addressing performance issues can be a delicate balancing act. The key lies in knowing when to implement a Performance Improvement Plan (PIP) and when to consider disciplinary actions.


Industry best practices, coupled with insights from New Zealand case law, can provide valuable guidance in making informed decisions that benefit both your organisation and your employees.



Performance Improvement Plans: A Proactive Approach

A Performance Improvement Plan (PIP) is a tool designed to help employees enhance their skills, productivity, and overall performance.


When should you consider implementing a PIP? Here are some scenarios to keep in mind:

  1. Consistent Performance Challenges: If an employee has demonstrated consistent underperformance or fails to meet performance expectations despite ongoing feedback, a PIP can provide a structured path for improvement.

  2. Genuine Developmental Needs: When an employee possesses potential but requires guidance, training, or additional resources to reach their full potential, a PIP can facilitate their growth.

  3. Lack of Clarity: If performance expectations or job responsibilities have been unclear, a PIP can help align both parties' understanding and expectations.

  4. Support and Feedback: Use a PIP as an opportunity to provide regular feedback, coaching, and support to help the employee succeed.


Disciplinary Sanctions: Appropriate Measures

Disciplinary actions are generally appropriate when an employee's behavior or actions breach company policies or standards.


While considering disciplinary measures, keep these factors in mind:

  1. Serious Misconduct: Instances of serious misconduct, such as theft, harassment, or safety violations, warrant immediate disciplinary actions, which may include suspension, demotion, or termination.

  2. Repetitive Issues: If an employee continues to violate policies despite previous warnings or corrective actions, stronger disciplinary measures may be necessary to protect the organisation's interests.

  3. Damage to Reputation: Actions that have the potential to harm the organisation's reputation, relationships, or client base may necessitate more severe disciplinary actions.

  4. Clear Policies: Ensure that your company's policies are clear, accessible, and well-communicated to all employees. This provides a solid foundation for applying disciplinary measures consistently.


Lessons from New Zealand Case Law

New Zealand's legal landscape provides valuable insights into handling performance and disciplinary matters. Several cases highlight the importance of procedural fairness, clear communication, and consistent application of policies.


In a landmark case, Hill Laboratories Ltd v Jones (2015), the Employment Court emphasised the significance of providing employees with adequate opportunities to improve and genuine feedback during a PIP process.


Striking the Right Balance

In your role as an employer, your approach should be fair, consistent, and considerate of each employee's unique circumstances. The primary goal is to improve performance and maintain a positive work environment. When in doubt, seek external advice to ensure your actions align with New Zealand's employment laws.


Ultimately, combining Performance Improvement Plans and disciplinary measures in your performance management toolkit allows you to address various situations effectively.


By tailoring your approach to the circumstances at hand and keeping up with industry best practices and case law, you can navigate these challenges with confidence and integrity, fostering growth and success for both your employees and your organisation.



Disclaimer This article, and any information contained on our website is necessarily brief and general in nature, and should not be substituted for professional advice. You should always seek professional advice before taking any action in relation to the matters addressed.

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