A Dismissal Letter For Poor Performance is a crucial document in New Zealand employment relations that formally terminates an employment relationship due to unsatisfactory performance. It should only be used after a proper performance management process has been followed, including documented performance issues, formal warnings, and reasonable opportunities for improvement. The letter must comply with New Zealand employment law, particularly the Employment Relations Act 2000, and demonstrate that both substantive reasons and procedural fairness requirements have been met. This document typically follows a series of documented performance discussions, written warnings, and performance improvement plans, and should clearly outline the reasons for termination, notice period, final entitlements, and any post-employment obligations.
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1. Date and Address Block: Formal letter heading including employee's full name and address
2. Subject Line: Clear indication that this is a termination of employment letter
3. Performance History Summary: Brief outline of performance issues and improvement processes undertaken
4. Previous Warnings Reference: Specific mention of formal warnings given and dates
5. Termination Decision: Clear statement of the decision to terminate employment
6. Notice Period: Specification of notice period and last working day
7. Final Pay Information: Details of final salary, holiday pay, and other entitlements
8. Company Property Return: List of company items to be returned
9. Confidentiality Reminder: Reminder of ongoing confidentiality obligations
10. Closing and Signature: Formal closing, including contact details for any queries
1. Garden Leave Provisions: Include when employee will be placed on garden leave during notice period
2. Additional Benefits: Include when offering any additional payments or benefits beyond statutory requirements
3. Reference Provision: Include when specifying what kind of reference will be provided
4. Outplacement Support: Include when offering career transition or outplacement services
5. Non-Disparagement Clause: Include when there are concerns about potential reputational damage
6. Settlement Agreement Reference: Include when offering a settlement agreement alongside the dismissal
1. Performance Improvement Plan History: Chronological list of performance improvement initiatives and outcomes
2. Meeting Minutes: Summary of key performance review meetings and warnings
3. Final Payment Calculation: Detailed breakdown of final payment including all entitlements
4. Company Property Checklist: Itemized list of company property to be returned
5. Handover Document Template: Template for documenting current work status and handover information
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