What to say When?

Have you ever found yourself holding back from saying something because you aren’t sure if it will get you into more strife than you are already in? Here are a few scenarios which may help guide you. Always remember, if in doubt, please call us.

An employee has been dismissed for serious misconduct – everybody already knows about it (or knows something). What can I tell the rest of the staff in this situation? 

Under the Privacy Act 2020, you cannot share with your other employees the reason why this employee has suddenly left your employment, unless the employee has given you permission to do so.

You can however state:

• That the employee is no longer working for you from… whatever the date may be.
  If you are asked further questions you could respond by saying:
• That the employee has not given you permission to share with them the reasons why they are no longer there.
• The company will always follow a fair process or procedure whether an employee leaves voluntarily or involuntarily regardless of the situation before they exit the organisation.

An employee is leaving the company due to medical incapacity. What do I tell the rest of the staff in this situation?

Again, under the Privacy Act you cannot discuss someone’s personal details without their consent. Even with their consent it would be advisable to have a script that is approved by the employee so they have agreed with what can be shared with their colleagues. Or, if they are well enough to attend a farewell morning or afternoon tea, you could offer that one be arranged so they can speak to their colleagues themselves.

An employee has said they are going to take an extra long weekend for Matariki and won’t be at work on the Thursday as well as the Friday. I need them to be at work on the Thursday. He is a permanent employee who normally works on a Thursday.

You can simply say – “No”, however a few extra words will be helpful if your employee still doesn’t come to work on the Thursday. An explanation along the following lines will enable you to take action subsequently.

“You have not had leave approved for Thursday so you are required to come to work. If you do not come to work it is likely to lead to disciplinary action which could result in a warning or dismissal. If you call in sick, I will require you to visit a doctor and get a medical certificate. You need to be aware that a medical certificate will not necessarily be accepted as adequate explanation for your absence if I suspect you were not genuinely ill.”

The key to this conversation is the employee understanding the potential consequences of not turning up to work.

An employee is leaving the company after signing a record of settlement. What do I tell the rest of the staff in this situation?

• Under the terms of a formal record of settlement you are unable to discuss whatever the employment issue was or what the terms of the settlement are. Records of settlement are confidential to the parties, this includes why they left their employment, when they left, and any settlement (financial or otherwise) that may (or may not) have been paid to them.
• However, you can share that the employee has left. You can also state that you have an agreement with the employee not to discuss the reasons for them leaving.
• You can communicate that the company will always follow a fair process or procedure whether an employee leaves voluntarily or involuntarily regardless of the situation before they exit the organisation.