Tradie HR director Leigh Olsen presents some compelling arguments outlining how winging it in formal HR meetings could cost you.
If a customer called and asked for a checklist on wiring in a light so they could do it themselves, would you give it to them? Or, if a mate with limited building experience asked you for a rough guide on how to frame up a house, would you give it to them?
All tradies I know would instantly say no! We know that using set processes, training and experience matters to do a job right. We know every job is different, and it’s also about minimising risk to everyone involved.
So when it comes to the formal, tough HR stuff, why would you want to go for an easy shortcut that could lead you down an even tougher path?
Recently, I’ve had quite a few business owners phoning me for disciplinary meeting templates so they can run the meeting themselves. I’ll be honest — when I get those calls, my heart skips a beat, and not in a good way. It’s not that I’m guarding my templates like secret family recipes. It’s that I’ve seen how quickly a well-meaning “quick formal meeting” can turn into something much bigger.
Why? Here’s the reality. New Zealand employment law is detailed and process-focused, and formal meetings require more structure than most people expect. The steps, the wording, and the sequencing all need to match what is actually happening. They need to align with the requirements of the Employment Relations Act 2000.
Like it or not, legislation is there to protect both parties. I hear almost daily from business owners that they feel it is heavily weighted towards the employee. That perception alone is reason enough to ensure you follow the correct process.
Process is your protection. It demonstrates that you’ve acted as a fair and reasonable employer, and that you genuinely considered the employee’s perspective before making any decisions.
What counts as a formal meeting?
So, when might you need to press pause and make sure you’re following the right processes? By knowing that it’s now a formal HR meeting. This is any meeting where the outcome could affect someone’s employment, role, pay, reputation, or future with the business.
Not all formal meetings are the same. One of the biggest misunderstandings I see is thinking that all formal meetings follow the same script — they don’t. For example:
• A warning meeting is different to a performance meeting.
• A line-in-the-sand reset meeting is different to a restructure consultation.
• A medical incapacity meeting is different again.
When those differences are missed, good employers can unintentionally land themselves in difficulty.
Common costly mistakes
Here are a few costly mistakes I often help to tidy up afterwards:
• No clear written invite: Calling someone into the office and then launching into a serious conversation without setting out the purpose in writing is risky. Employees are entitled to know what the meeting is about, and to have the opportunity to bring a support person or representative. A casual “pop in for a quick chat” is not sufficient when someone’s employment could be affected.
• Predetermined outcome: If you have already decided someone is getting a warning, losing hours, or being made redundant before hearing from them, you are in dangerous waters. Under New Zealand law, employers are expected to act as a fair and reasonable employer, including keeping an open mind and properly considering feedback before making any decisions.
• Failing to properly adjourn: In New Zealand, you must adjourn a formal disciplinary meeting to properly consider the employee’s response before making a decision. You cannot hear what they say and then issue a warning on the spot. A common mistake is where managers either forget to adjourn at all, or where they are unsure of how long to adjourn for, and end up making a rushed decision in the moment.
An adjournment is not a quick coffee break. It’s enough time to genuinely reflect on what has been said, review the information, and consider whether the proposed outcome is fair and reasonable in all the circumstances.
• Bringing in issues that were not in the letter: In a disciplinary meeting, you can only discuss the allegations that were clearly set out in the invite letter. You cannot suddenly bring up unrelated concerns, old frustrations, or additional issues that were never put to the employee in writing. Quite simply, if it is not in the letter, it should not be in the meeting.
• Avoiding the support person: You cannot prevent an employee from bringing a support person or representative. And please, don’t try.
Once, a client became very concerned because an employee was bringing a union representative. “We don’t have unions in our business,” he said. It doesn’t matter — the law does not restrict who they can bring.
Sometimes representatives are calm and constructive, while some can be confrontational or attempt to take over the meeting. If that happens, remember — you are responsible for the structure of the meeting.
Some lines I always have ready to use:
• “Thank you. I will let (employee name) answer that first.”
• “This meeting needs to stay respectful. If it cannot, we will pause and reconvene.” Staying calm and sticking to process protects you.
Lowering your risk matters
Formal HR meetings are high stakes. So, before you run your next one solo or want to, ask yourself whether you would attempt a technical job outside your trade without the right advice.
If the answer is no, then formal HR meetings are probably not something to tackle alone. Sometimes that simply means picking up the phone and getting the HR lady to stand alongside you. Think of it as bringing in a specialist before the job turns into a bigger one than expected.
Note: This article is not intended to be a replacement for legal advice.
