Identify the point they failed to answer
Quote or summarise the exact explanation, document, witness or factual contradiction and show why it could affect the finding or outcome.
EMPLOYER IGNORED MY EXPLANATION
Being allowed to speak is not the same as being genuinely heard.
A fair disciplinary or dismissal process should give the employee a real opportunity to respond to the material allegations and relevant evidence before the decision-maker reaches the final outcome. If your explanation was material, the employer should genuinely consider it rather than simply record that a meeting occurred.
START WITH THE REAL ISSUE
What this situation actually means.
Employment New Zealand's fair-process guidance says an employee should receive full and relevant information and an opportunity to explain or respond to the person who will make the final decision. The employer should not decide what action to take until after hearing and considering the employee's response.
During a disciplinary process, an employee's explanation can require further investigation. Employment New Zealand's process material says new relevant information may need to be reinvestigated before the employer decides what action, if any, should follow.
A preliminary view is not necessarily improper — employers can communicate a proposed outcome and seek comment. The problem is predetermination: treating the proposed result as final, refusing to engage with contrary evidence, or using the consultation step only to complete paperwork around a decision already made.
WHAT MATTERS
Four things to check before deciding what the case is worth.
Compare the invitation, preliminary view and final decision
Look for allegations that changed, evidence that appeared late, reasons copied through unchanged, or a final letter that never engages with your response.
Ask whether further inquiry was required
If your response identified a witness, document, system record or factual conflict that could materially change the case, consider whether a fair employer should have checked it.
Separate disagreement from non-consideration
An employer can genuinely consider an explanation and reject it. The legal concern is stronger where the reasons show the explanation was misunderstood, ignored or never tested at all.
WHAT TO DO NOW
Keep the next steps practical.
Save your response exactly as delivered
Keep the email, written statement, attachments and your own notes of what you said at the meeting.
Request the material relied on
If the outcome refers to evidence you have not seen, ask for the relevant information and record the request.
Answer any preliminary decision
Use the opportunity to identify factual errors, missing inquiry, proportionality and mitigation before the final decision is issued.
Build a decision comparison
Create a short table: allegation, your explanation, supporting evidence, employer's answer. Blank or evasive final columns are often revealing.
RED FLAGS
Facts that deserve a closer look.
- CHECK
The final decision was drafted or announced before your meeting
- CHECK
The employer refuses to inspect objective evidence that directly tests the allegation
- CHECK
New allegations or evidence appear only in the outcome letter
- CHECK
Your explanation is inaccurately summarised in a way that changes its meaning
- CHECK
The final decision repeats the preliminary wording without addressing your response
- CHECK
The decision-maker was not given your response or relevant evidence
FAQ
Questions people ask in this situation.
Does my employer have to accept my explanation?
No. A fair employer can consider your explanation and reject it. The question is whether the response was genuinely considered and the conclusion reached was fair and reasonable on the available information.
What if they refused to interview my witness?
Not every suggested inquiry must be undertaken, but refusing to check readily available evidence that could materially affect the allegation can be important when assessing whether the investigation was sufficiently fair and thorough.
Can the employer give me a preliminary decision?
Yes. A preliminary outcome can be part of a fair process if it is genuinely provisional and the employer remains open to changing it after considering the employee's response.
What if they changed the reason after the meeting?
Materially new allegations or evidence may require a fresh opportunity to respond. A dismissal should be assessed against the reasons and process actually used at the time, not a new justification invented later.
EMPLOYER IGNORED MY EXPLANATION
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