Month: January 2026

In principle, applying the disciplinary process sounds straightforward, doesn’t it?

Investigate, put your allegations in writing, offer a support person, meet and hear your employees’ responses, decide the outcome. As a leader you may have done this many times and feel confident you know what to do.

But…..what happens when something derails the process and the straightforward becomes the complex?  All with high risk attached.

More and more often we are seeing instances where someone puts a spanner in the works of the disciplinary process.

Counter claims, formal complaints, mental health issues.

These can all be raised and can quickly derail your disciplinary process.

Suddenly it all seems so complicated and becomes a mess.

So, what do you do when these unplanned actions threaten to knock your process over?

Here is our advice on a couple of common issues.

“I’m being bullied”.

Bullying is serious and not something you want in your organisation. It can also be raised during disciplinary processes as an explanation for behaviour. But just because it has been raised, it doesn’t necessarily mean that it is true or that it provides justification for the behaviour.

In these circumstances we suggest pausing the process and establishing if your team member would like to raise a formal complaint.

This separates the disciplinary process and bullying allegation so each can be viewed separately. If so, the bullying allegation should be investigated independently from the disciplinary process that is in train. This allows you to investigate the allegation separately and to establish if it has validity. Once the bullying investigation has been completed, and depending on the outcome, you can recommence the disciplinary process. You will then be confident as to whether the allegation is an issue to be considered or simply an excuse.

“I don’t feel safe”.

Psychological safety at work is important, but it doesn’t mean that you can’t have tough conversations or address poor performance. The first step here is to ask what you can put in place to help them feel safe. It may mean having a specific support person present or utilising an EAP service to prepare. You should ask what support the person needs to feel safe. But don’t back away from the need to have the conversation.

Employees also have a responsibility of good faith, which does mean being communicative, honest and attending meetings when they are requested to. It may progress to having to remind them of this and taking a stronger stance around the need to meet. However, if you do what you can to support them in the first instance, you will be on solid ground if you need to go down this path.

“I need time off for mental health reasons”.

If someone has a medical reason they can’t be at work, you do need to give them the space to heal and return when they are medically cleared. If you are faced with this, pause any disciplinary process you have going on, ask them for a medical certificate stating when they will return, and then allow them this time, uninterrupted, to recover.

As an employer you have a responsibility to minimise risks to your employee’s mental health as far as practicable. This doesn’t mean you can’t address issues. However, when they return, we suggest carefully taking it step by step as your return to the disciplinary process.

Think about these things:

• Be observant. Do you notice signs of stress or anxiety? If so, take a break, back off a little and give them space to return to a good place.
• Be approachable and make sure support is available. Do you have an EAP service they can utilise? Have you created an open environment where they can tell you, without fear of repercussions, if they are struggling?
• Be adaptable. Consider changing tack if it is appropriate. Can you start with a development plan rather than a Performance Improvement Plan? Is there another way to approach the situation?
• Use good medical advice. If your employee is getting advice from a medical professional, consider asking them for their opinion on avenues to proceed with the disciplinary process safely. Then pursue those options.

Each of these situations requires delicate handling, empathy and care. But it doesn’t mean that you cannot proceed with the process. Of course, there will need to be careful consideration around the balance between mitigating risk, business requirements and employee well-being.

Remember every situation is different.

It is true to say that in any employment relations situation, the predominant colour is grey. This is certainly more the case in complex disciplinary cases that get muddied when new variables are suddenly introduced. It can all feel very confusing and hard to see a way through to a clear conclusion.

There is a way through such complexities. It requires solid experience, sensitivity and a steady head to find a way forward.

Positive People have over 30 years’ experience supporting businesses to navigate tricky Employment Relations issues. Call us now on 0800 00 00 49 for clear advice and support.

“Are we there yet?”

“Just around the corner.”

Business – “Is it picking up yet?

Economists – “It’s just around the corner….”

1. What are the key outcomes that will drive you forward?

2. Is your team clear on what is important?

3. Is everything your team doing focused on the important areas?

Let’s be honest – we have all used AI in one shape or form by now. Whether it is to draft a communication, answer a burning question or reformat something we just can’t get right, the benefits and time savings you get from AI are numerous.

And alongside us all discovering AI, so will your team, giving rise to a new wave of “experts” across almost every subject field.

More and more we are seeing complaints or queries that our clients are faced with from their employees come through to us with quoted AI responses in support. On everything from holiday pay to disciplinary processes to change processes.

So, employees are using AI platforms to inform them of their rights and to answer their employment questions.

The problem with this is that AI only responds to a specific question without taking into account the nuance, background or the specific circumstances.

We tried two common examples to see what answers we would get:

Q – Can my boss give me a warning for being sick?

AI answer:

Your boss should not give you a warning simply for being sick, especially if:

• You notified your employer properly.
• You provided required documentation, like a doctor’s note (if your workplace requires it).
• Your absence falls under protected leave (e.g., under laws like the FMLA in the U.S. or Statutory Sick Leave in the U.K.).

The answer obviously isn’t NZ specific. And what about excessive absence? Or Joe who has a sick day every second Monday?

Q – What should I be paid for working a public holiday?  

AI answer:

If you work on a public holiday, you are entitled to at least time and a half pay, plus a paid day off at a later date if the holiday falls on what would otherwise be a regular working day.

This might seem accurate, but what about if you only work for two hours not a full day? You are only entitled to time and a half pay for the hours worked and the addition of “for the hours worked” can make an important difference to an entitlement.

You can see from the questions above how problematic this may become, especially if you have an employee who has read this answer and 100% believes you are doing something you shouldn’t be.

So, how do you combat the AI “experts”? And what should you do to prepare for the increase in AI use, to ensure it doesn’t cause employment problems?

1. Be prepared – Have an AI policy and education in place in advance of needing it.

If you haven’t got an AI policy, now is the time to put one in place before you have to use it. Alongside this, education is key. Our approach is to use different platforms and enter questions different ways. This always ends in multiple different responses.

This helps your team to fully understand that AI isn’t the expert on everything. The particular circumstances of the situation matter, and they need to sense check and verify all information properly.

2. If a problem arises – Communicate back the correct answer using verified websites or parts of legislation.

 (Home | Employment New Zealand is very helpful).

While we wouldn’t normally recommend responding to a quote with a quote, putting in writing the correct answer from a trusted source can be helpful.

Get expert advice if you need it to make sure you are 100% correct, and make sure your response is very clear. This is especially helpful if the issue proceeds to a PG (which we have seen happen), and you have the correct advice clearly documented and on record.

3. Keep up a personal connection – Meet and talk through the problem with the employee face to face.

On the occasions when we have seen incorrect AI information used, the employees are usually feeling disgruntled, because they feel that they have been short changed or taken advantage of in some way. Having these conversations face-to-face and assuring them you will always do things correctly is important. Looking up the information from a trusted site or asking an expert’s opinion together will help to mend and strengthen your relationship. It will show that you are open to listening and solving a problem together.

As expected, AI is bringing change across all industries. And with any change, unexpected problems do arise.

We can help you front foot this with your team before it becomes an issue.

Call us now on 09 445 1077 if you need help.

Ever had a team member come into your office, sit down, then proceed to unburden you with all their frustrations?  You listen, you advise, they leave, and you think “job well done”, I’ve solved that problem.

And then…..… a month later……. the Personal Grievance arrives!

What may have seemed like an off the record chat to you, may have been an attempt to make a formal complaint or act as a whistleblower. This can catch you out when they raise a PG stating you were aware of the concerns, but didn’t act. Particularly in cases of alleged bullying as you have not only your employment obligations, but a duty of care to provide a safe workplace as well. This can be an expensive mistake!

We have seen a noticeable increase in Personal Grievances in the past year. Some come as a complete surprise, but often it is an issue the business knew about in some capacity.

Listening to your teams’ frustrations is an essential part of leadership – so how do you navigate this to be supportive, resolve problems AND mitigate future risk?

1. A “Complain.”

It is usual for team members to speak to their managers when they have concerns or frustrations about something (or someone) in the business. If one of your team comes to you to complain it is important to ask them the question “are you making a formal complaint?” You may have to explain what this means for them and double check, are they wanting you to get involved or are they looking for advice, or are they just venting?  Note this. If it’s advice they are after, also make a note of this or follow up with an email along with the advice you provided. Check in again after a few weeks to make sure the issue is resolved and note that it is. We all want a happy productive workplace, so helping to resolve issues early is good for business and keeping a note of this will help if things go further.

2. A “Complaint.”

This is the stage where your team member wants the concern investigated and some action taken. In this instance you should do some initial enquiries and double check your complaint policy.  Most will contain a first stage of early resolution to try and find possible solutions and this should be your first option. If you feel there is potential misconduct (or serious misconduct), then a formal investigation should be initiated. For serious allegations against another team member, consider using an independent investigator to ensure the process isn’t biased. At this stage it is important to be thorough, fair and transparent, so you can resolve things without them going further.

3. A Personal Grievance

A PG is the legal mechanism for employees to resolve issues with their employers. Usually at this stage an employee advocate or employment lawyer is involved, and you will receive a letter stating the allegations and details of this. Often this is accompanied by a timeframe to respond, a request to attend mediation or a dollar figure they are seeking.

Firstly, don’t panic, – you don’t have to respond by whatever deadline they have set!

An email noting receipt of the PG and advising a date when you will respond is fine. This gives you time to take a breath, understand the concerns properly and seek advice if required. PG’s have a 90-day time limit to be raised after the allegation or action occurred (unless it’s for sexual harassment), so check this carefully. If it is outside this time limit you can refuse consent to the grievance being raised. There is also a clear list of when a PG’s can be raised (Personal Grievances). Check this carefully as you can decline the PG if it sits outside these reasons and treat it as a formal complaint instead.

If it fits these two criteria, we suggest taking your time to consider things properly and get advice if required. A well-considered response from the beginning, balancing risk, costs and time is important towards reaching an outcome that is satisfactory for everyone involved.

We know that PG’s or formal complaints can be frustrating, time consuming and costly, but they also can be an opportunity to understand what’s not working in your business and make things better for the future.

“Opportunities are where the complaints are.”

Jack Ma.

If you need help navigating an employment issue and wish to discuss, call us now on 09 445 1077. With over 30 years in this complex space, we can help.

Performance issues? Staff lacking motivation? Absenteeism problems?

What do all these things have in common?

Yes, they are to do with your staff, and yes, they impact on business performance, but more often than not they are caused by a gap in leadership skill. 

As an HR consultancy we are often called in to help when things have gone wrong, when managers are at the end of their tether and small problems have escalated to something significant. While these problems can be solved, by the time they have reached this stage they end up costing time, money and can be very disruptive to your business.

We find that many of these problems could have been nipped in the bud early on by some clear constructive feedback, open dialogue and coaching, and saved everyone a lot of trouble.

We understand that this can be difficult. Leadership can be complex, tough conversations are hard, and we are all busy people. It does, however, pay off in the long run when you have less of the “big” people problems to deal with.

“The pessimist complains about the wind,

The optimist expects it to change,

The leader adjusts the sails.”

John C Maxwell.

The key to this is having well developed leaders who have the skills and confidence to handle any conversation, give regular feedback and can solve people problems before they spiral out of control. Taking a pro-active approach and ensuring that your leaders have these skills will pay off through improved team performance.

Leadership development can take many forms and involve the transfer of knowledge and learning a variety of skills.

If you want to encourage early intervention and stop problems before they escalate, we recommend ensuring your leadership development covers the following areas:

1. Giving (and receiving) feedback – Changing behaviour is most effective when it is done as soon as the behaviour occurs and at the first example. Feeling confident to give clear, forward focused feedback often is an essential leadership skill for early intervention. Equally important is being able to receive feedback, so that your leaders can amend their leadership style to get the best from their team.
2. Setting expectations and holding teams accountable – How can your team deliver what you expect when they don’t know exactly what that is? This is a step which is often missed with team members and can result in confusion around delivery. Alongside this, understanding how to have conversations when your team miss a mark, in a way that is supportive and outcome focused, will keep things heading in the right direction.
3. Building trust – Staff are more open to feedback and perform better when they trust the person they work for. If they question your motives and feel they can’t rely on you it makes it difficult to have honesty and openness in the relationship. Without these problems occur.
4. Having courageous conversations – Small things are easy to discuss, big things or regularly occurring issues aren’t. This is often why leaders shy away from addressing some topics until it’s too late. Learning how to make these conversations a safe space, managing emotions and handling conflict will encourage your leaders to step up to the plate for these conversations when they need to.
5. Managing change – Many issues arise from change, and in today’s world, change is inevitable. A proactive approach to communication and planning will mitigate these risks, reduce problems and, ultimately, make your changes more successful.

Bear in mind that leadership skills are significantly different to technical skills.

You may have the most capable operational team in the world, but if they aren’t bringing their team on the journey your business results will suffer. If you want your leaders to be pro-active with managing their team, get pro-active around giving them the skills to do so.

Positive People have over 30 years creating leadership development programs which deliver tangible results and are best fit for your needs.

Call us now on 09 445 1077 or click here. 

We listened with interest to the interview with Sir Brian Roche, our new Public Service Commissioner, this week as he outlined his key objective for the public service.

It is to increase productivity and performance.

Sounds simple, doesn’t it? Isn’t that what we all want?

But at a time when the public service is feeling the pain of restructures, funding cuts and uncertain futures, this is a task easier said than done and definitely not simple!

We know that many private businesses will be facing the same challenge right now. It has been a tough year and many of you will have downsized or put recruitment and training on hold. The challenge you face is how to do more with less people.

Equally for your teams, going through change is tough. They may be feeling uncertain about their future, frustrated by additional work or missing friendships and connections they had with staff who have left.

The result of this is that you may want more, but your team may not be in the space to give more.

Getting your team back on the same page, motivated and settled into the new environment will be critical for achieving your business goals.

If you want to improve productivity after a time of change, consider these three questions:

1. How engaged are your team and are you delivering on what is important to them right now?

You generally feel it when engagement is low. Your team are not quite as committed to going the extra mile, no one puts their hand up to help when it is required, productivity may be low, or quality is suffering.

This is normal after periods of change, but it takes a concerted and focused effort to get this back on track.

• A key place to start is by asking your team how they feel, what they need from you, then making a clear effort to deliver this
• Make time for each individual and communicate a strong united successful future for you and them
• Try and put some fun back into the workplace

Involving your team in these discussions through engagement or pulse surveys and focus groups means they play a part in creating the workplace they want.

This starts the journey to increased engagement, and improved performance and productivity.

2. How skilled are your leaders at managing change and motivating their teams?

Leaders have it tough as well. They still need to deliver results and do this with smaller teams and staff who may not care as much as they do. This can lead to some having a short fuse, which can create other headaches for them and for your business.

So, what are you doing to support them and make sure they have the right skills to navigate this period successfully?

• Putting in some focused development opportunities for them is an important part of helping them to lead your team for success
• Do they know how to give clear, forward focused feedback?
• Can they successfully manage small issues before they escalate?
• Do they understand how to manage change?
• Can they communicate well with their teams?

These are all important leadership skills and can make the difference between your teams limping along or starting to fire on all cylinders again.

3. Are your expectations realistic?

You may have downsized and gone from two sales people to one, or down to one dispatch staff member.

Is what you are asking actually do-able? What does that mean to their call cycle or travel? Can they really load two trucks a day?

• Having these conversations and reviewing your processes will go a long way towards making these changes work
• You may have to do something differently, like automate, introduce new software or introduce virtual client meetings

If you take the time to talk to your people and really understand their workload and tasks, you will improve your productivity.

Expecting people to work faster or for longer hours isn’t the full solution. Improving productivity takes a change in the way you are working.

Thinking through these questions carefully and taking meaningful action to improve productivity and efficiency will help to get your team ready to go for 2025.

Positive People have over 30 years helping businesses improve engagement, leadership skills and productivity. Call us now on 09 445 1077 or email us at info@positivepeople.co.nz.