How Can An Advocate Help When You Have Been Called To A Disciplinary Meeting?
- Anne-Marie Dolan
- Sep 25, 2025
- 6 min read
Updated: Nov 19, 2025
Being called to a disciplinary meeting can feel daunting. You might be worried about losing your job, feeling embarrassed, or unsure about what to say. But the good news is you don’t have to face it alone.
What is a Disciplinary Process?
A disciplinary process is when your employer thinks something has gone wrong at work. This might be:
You’ve broken a workplace rule
You’ve acted in a way that goes against your job agreement
There’s been a complaint or a serious issue
The purpose of a disciplinary process is to investigate the issue fairly. It’s not meant to be about punishing you straight away. You have rights, and your employer has to follow a proper process. You might be called to a disciplinary meeting for things like:
Being late or missing work
Not following health and safety rules
Using work property the wrong way
Inappropriate behaviour at work
Complaints from customers or co-workers
Serious issues like dishonesty, harassment, or theft
Sometimes these are called misconduct (less serious) or serious misconduct (very serious). Either way, your employer must still follow the rules when dealing with it.
What Steps Must Your Employer Follow?
Under New Zealand employment law, your employer must follow a fair process. If they don’t follow a fair process, including the following key steps, any decision they make could be challenged.
Raise the issue properly
Your employer must tell you what the concern is. This is often done in a letter or email. It should explain:
What you are being accused of,
What policies or rules you may have broken,
That a disciplinary process is starting,and
That there could be outcomes like a warning or dismissal.
Give you time to prepare
You must be given reasonable time to get ready for the meeting. You have the right to:
See the evidence,
Talk to a support person or employment advocate, and
Clarify your version of the events or incident.
Hold a fair disciplinary meeting
A disciplinary meeting is your chance to respond to the allegations. At the meeting your employer must explain the allegations and allow you to talk, ask questions and respond. You must be given the opportunity to bring a support person with you. The employer should listen with an open mind and consider your side of the story.
Share a preliminary decision
After the meeting, the employer might say what they are thinking of doing such as giving you a warning or dismissing you. This is not the final decision. You should get a chance to respond before they decide.
Deliver the final decision in writing
Once everything has been considered, the employer must make a final decision which they explain in writing along with what will happen next. They should also offer ways for you to challenge the decision if needed.
How Can an Advocate Help You When you are Facing a Disciplinary Meeting?
An employment advocate has experience attending, supporting clients and negotiating outcomes in disciplinary meetings. These are the range of ways they can help you to achieve a positive outcome.
Explain your rights
Your advocate will explain what the employer can and can’t do, and what rights you have under your employment agreement and NZ law.
Help you prepare for the meeting
They can help you:
Read and understand the allegations,
Help you gather evidence and witness statements,
Write a response to the allegations, and
Help you prepare and practice what to say at the disciplinary meeting.
Represent you at the meeting
Some people feel nervous or emotional at disciplinary meetings. Your advocate can speak for you or help you stay calm and clear. Mathews Walker advocates have observed that employers often take the employee's feedback more seriously if they have representation, and it can help the employee feel more confident.
Make sure the process is fair
Advocates know the rules including details of the employment relations legislation and case law. If your employer skips steps or acts unfairly, your advocate can speak up and protect your rights. Reviews of Mathews Walker services often reference the depth of knowledge of New Zealand employment law of our advocates and how beneficial it is when working through a dispute with an employer.
Negotiate better outcomes
Sometimes, instead of being dismissed, it’s possible to get a warning instead, go on a performance improvement plan (PIP) or reach an agreement to leave with compensation. Advocates are trained to negotiate these outcomes.
To follow is a real life example of how a Mathews Walker advocate helped an employee facing dismissal following allegations of serious misconduct.
The employee was called to an investigation meeting for allegations of serious misconduct. The allegations were found to be upheld (due to substantial evidence) and the indication of preliminary decision was dismissal. The advocate assisted the employee to raise a personal grievance as to the fairness of the investigation process and was able to negotiate a decent exit package for the employee which included their resignation rather than being dismissed (so they could exit the organisation with dignity), an agreed reference as to their technical skills, $10k compensation, and a contribution to the employee's costs.
Help you challenge a bad decision
If the process was unfair or the outcome was too harsh, your advocate can help you file a personal grievance or take legal action.
To follow is a real life example of how a Mathews Walker advocate helped an employee facing summary dismissal without notice following allegations of serious misconduct.
The employee was asked to attend a disciplinary meeting on allegations of serious misconduct. The employer reached a preliminary outcome of summary dismissal without notice. The employee was very stressed as he had provided substantial feedback regarding the allegations but the employer was not listening to his side of the story. He had received the preliminary decision of summary dismissal when he contacted Mathews Walker for representation. Our advocate wrote to the employer requesting all relevant information. They explained why the investigation was deficient and the dismissal was not justified in the circumstances. After some correspondence and negotiation, the advocate was able to save the employee’s job.
Even if the allegations against the employee are serious, your employer must still follow a fair process. If they don’t you might be able to claim unfair dismissal with the potential of being awarded compensation or being reinstated to your role. A fair process means giving you the chance to understand what’s happening, to be heard, and to be treated with respect.
What to do if You Have Been Called Into a Disciplinary Meeting
Don’t panic. You still have options.
Read the letter or email carefully. What exactly are they saying you did? Ask for clarification on what policy or rule you have broken.
Ask for all evidence. You have the right to see it before the meeting.
Contact a legal representative such as an employment advocate. They can help you prepare.
Ask what the possible outcomes are of the disciplinary process and how long it is likely to take.
Clarify your version of events. Write down what happened and gather any evidence.
Organise to bring a support person with you - either someone you know or a legal representative such as an advocate.
Frequently Asked Questions
Q: What is a disciplinary meeting? A: It’s a formal meeting where your employer talks to you about a concern or issue. You get a chance to respond before any decision is made.
Q: Do I have to go to the meeting? A: Yes, it’s best to attend. If you don’t, your employer might make a decision without hearing your side.
Q: Can I bring someone with me? A: Yes! You have the right to bring a support person or advocate.
Q: What if I feel too nervous to talk? A: Your advocate can speak for you, or help you prepare so you feel confident.
Q: What happens after the meeting? A: Your employer should take time to think about what you said, then make a final decision and send it to you in writing.
Q: What can happen at the end of a disciplinary process? A: Possible outcomes include:
No action
Verbal or written warning
Final warning
Dismissal (with or without notice)
Q: What if I think the decision is unfair? A: Talk to your advocate about a personal grievance. You may be able to challenge it through mediation or the Employment Relations Authority.
A disciplinary meeting doesn’t have to mean the end of your job. If you're facing a disciplinary issue, don’t go it alone. An advocate can make sure your voice is heard, help protect your job and rights and support you through a difficult process. At Mathews Walker, we’re here to help. Whether you’re just preparing for a meeting or need support after a tough decision, we’ll stand beside you and guide you through every step. Call now for a free consultation. MathewsWalker.co.nz | 0800 612 355
Disclaimer: The information provided in this blog is for general informational purposes only and should not be considered legal advice. While we strive to keep the information accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. For specific legal advice tailored to your situation, please contact a qualified legal professional.
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