Gross Misconduct Dismissal Letter Template for New Zealand

The Gross Misconduct Dismissal Letter is a crucial document in New Zealand employment law, used when an employee's conduct is so serious that it fundamentally breaches the employment relationship. This document is utilized following a thorough investigation process and after providing the employee with an opportunity to respond to allegations. It must comply with the Employment Relations Act 2000 and reflect the principles of good faith and fair dealing. The letter should be used when the misconduct is sufficiently serious to warrant immediate or near-immediate termination, such as cases of theft, fraud, violence, serious breach of health and safety protocols, or serious breach of confidence. The document serves both as formal notification of termination and as evidence that proper procedures were followed, which is crucial if the dismissal is later challenged through personal grievance procedures.

1. Letter Header: Company letterhead, date, employee's full name and address

2. Subject Line: Clear indication that this is a termination of employment letter

3. Reference to Previous Communications: Mention of investigation process, disciplinary meetings, and any written warnings

4. Findings of Investigation: Clear summary of the misconduct findings and evidence considered

5. Employee Response Consideration: Acknowledgment and response to any explanations or defenses provided by the employee

6. Dismissal Decision: Clear statement of termination decision and reasons why conduct amounts to gross misconduct

7. Effective Date: Specific date when employment terminates

8. Final Pay Information: Details of final salary, holiday pay, and other entitlements

9. Company Property: Instructions for returning company property

10. Closing and Signature: Professional closing, signature of authorized person, and their position