Employee Letter Of Concern Template for New Zealand

An Employee Letter of Concern is a formal disciplinary document that allows you to address workplace issues while maintaining compliance with New Zealand employment law. This document serves as crucial middle ground between informal conversations and formal warnings, helping you build a proper procedural foundation while respecting your employee's rights under the Employment Relations Act 2000.

When do you need this document?

You need an Employee Letter of Concern when informal discussions haven't resolved performance or conduct issues, or when the severity of concerns requires immediate formal documentation. This applies when an employee consistently misses deadlines despite verbal coaching, demonstrates unprofessional behaviour towards colleagues, fails to follow established procedures, or shows declining work quality that affects team productivity. The document is particularly valuable when you need to establish a clear timeline for improvement before considering more serious disciplinary action.

Key legal considerations

Your letter must comply with procedural fairness requirements under the Employment Relations Act 2000, including acting in good faith and providing specific details about the concerns raised. You must clearly describe the problematic behaviour with dates and examples, explain how it impacts the workplace, and outline realistic expectations for improvement with specific timeframes. The letter should reference any previous discussions and specify what support or training will be provided. You must also inform the employee of their right to respond and seek representation, while ensuring the process remains confidential and free from discrimination under the Human Rights Act 1993.

Legal requirements in New Zealand

Under New Zealand employment law, your Employee Letter of Concern must demonstrate procedural fairness and substantive justification. The Employment Relations Act 2000 requires you to act in good faith throughout the process, meaning you must genuinely investigate concerns and give the employee opportunity to respond. You must ensure any information collected complies with Privacy Act 2020 requirements for handling personal information. The letter should align with your company's disciplinary procedures and employment agreements, while clearly stating this is not a formal warning but a documented concern. If the issues relate to protected disclosures under the Protected Disclosures Act 2022, additional protections may apply. Document everything carefully as this letter may become evidence in any future employment dispute.