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 Discipline and Dismissal Procedure V3

 

​References:

Licensing Criteria: GMA105, Employment Relations Act 2000, The Human Rights Act 1993

 

Rationale: Windsor Montessori Preschool will provide a Disciplinary and Dismissal Procedure to follow which is fair and reasonable and aligns with the Employment Relations Act 2000.  Effective human resource management practices improve quality in our preschool and confidence that issues will be handled professionally.    

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Objective: It is important that employees gain a clear understanding of what behaviour may constitute misconduct or serious misconduct leading to a discipline/dismissal procedure in employment.  Having a clear procedure to follow will avoid confusion and reduce the risk of an employee taking out a personal grievance case against the employer.  This process should be made available to employees upon commencement.

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Misconduct:
Criteria for Misconduct shall include but not be limited to:

  • Failure to promptly report lateness, sickness or absence from work to the Head Kaiako .

  • Persistent lateness or absences from work.

  • Failure to attend to rostered and/or prescribed duties.

  • Failure to keep information confidential.

  • Continually exceeding the time allocation for lunch breaks.

  • Acts of negligence, which adversely affects hygiene, quality or safety of tamariki/kaiako.

  • Failure to observe safety rules and report accidents in the accident form and register.

  • Using abusive or threatening language on preschool’s premises.

  • Failure to meet professional dress and hygiene standards.

  • Non-compliance with the preschool policies and procedures.

 

Serious Misconduct
Criteria for Serious Misconduct shall include but not be limited to:

  • Arriving to work under the influence of drugs or alcohol.

  • Mistreating tamariki, including isolation, corporal punishment, deprivation of food, etc.

  • Physical violence towards Kaiako, tamariki and visitors to the preschool

  • Verbal abuse towards Kaiako, tamariki and visitors to the preschool

  • Theft of the preschool, kaiako or parents’ belongings.

  • Intentionally damaging the preschool’s property. 

  • Displaying inappropriate behaviour towards the preschool or Management in public.

  • Refusal to obey a lawful order or walking off the job.

  • Acts of negligence, which seriously affect the quality of care and education or safety of Kaiako or tamariki.

  • Sexual harassment.

  • Conviction of a serious criminal offence while being employed by the preschool.

  • Falsifying documentation.

 

Procedure Detail

DISCIPLINARY PROCEDURE DETAIL – STEPS 1 TO 5 (WHERE APPLICABLE) NEED TO BE CARRIED OUT

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Step 1

Is there good reason to start disciplinary action?

We will consider:

  • Seriousness of the problem – is the incident a severe breach or an infraction?

  • Time span – have there been other disciplinary problems in the past?

  • Frequency and Nature – is it an emerging problem or a continuing problem with little or no improvement?

  • Degree of communication – what efforts have been made to educate the employee about the standards expected and the consequences of violations?

  • Employee’s work history – how long has the employee been employed and what is the quality of the service they have provided?

  • Extenuating factors – are there any extenuating circumstances relating to the problem?

  • Precedence – how have similar infractions within the preschool or sector (to the best of your knowledge) in the past been dealt with?

  • Implications – what impact will the decision have on other employees?  Parents?  tamariki?

  • Evidence – is there sufficient evidence to justify the decision to proceed with an investigation?

For Serious Misconduct go to Step 2, otherwise continue to Step 3

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Step 2​

Is this Serious Misconduct?

Serious misconduct is misconduct that has undermined or destroyed the trust and confidence our preschool, as the employer, has placed in you, the employee. Serious misconduct is something that usually involves a breach of our House Rules or can be something that puts the safety of a tamaiti or other Kaiako at risk or otherwise seriously compromises our centre’s license to operate. We will investigate all instances of alleged serious misconduct. In some instances where we believe the safety of tamariki or other kaiako is at risk, we may suspend you on full pay until we can meet.

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Step 3

When approaching formal performance management situations, we will ALWAYS:

  • Document what is said, by both parties

  • Give written notice (wherever possible) of the meeting to take place with the staff member

    • Confirm the date, time and place in the notice

    • Confirm who will be present

    • Confirm the purpose of the meeting, that it is a disciplinary meeting and that an outcome of the meeting may affect the employee’s status at our preschool

    • Advise kaiako they may bring a support person of their choice, but to let us know

  • We will have a support person there too, to take notes.

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Step 4

At the meeting, we will:

  • State the situation

  • Give an example of the problem

  • Explain why it is a problem

  • Ask for Kaiako for their response/explanation

  • Ask questions

  • Invite any questions or remaining statements from kaiako and their support person

  • Adjourn the meeting (for a minimum of 15 minutes, or if evidence has to be investigated or established, agree to re-schedule as soon as possible)

  • Re-convene the meeting

  • Re-state the situation

  • Summarise kaiako response/explanation

  • Make a clear statement about whether this is acceptable or not

  • Make a clear statement of the outcome of the disciplinary process

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Step 5

Once an outcome of a Disciplinary Meeting has been established, the preschool Manager will decide what action is appropriate to take.  The selection of the option is going to be guided somewhat by the severity of the issue and how clearly that Kaiako can be held responsible.

Options include (in rough severity order):

  • Agreed performance plan with review points

  • Limitation on duties (if appropriate)

  • Reprimand

  • Suspension on Pay

  • Dismissal.

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Date: November 2025

Review Date: November 2027

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