Posted on: Nov 29, 2012

When you’re going through a disciplinary process with an employee, it’s important that you get the basics right, and follow the correct process.  Here’s a reminder of the key points of a disciplinary process:
  • There are two parts which are as important as each other – substantive reasoning and procedural    fairness
  • Always check your employment agreements and policies and follow your own established process
  • Prior to any formal meeting give notification to the employee in writing (at least 24 hours in advance),    providing:
    • All relevant documentation – policies, complaints, receipts, emails etc
    • Everything that relates to the problem, issue of concern or allegation being made against him/her
    • The potential level of disciplinary action should there be a negative outcome (eg a verbal, final written    warning or dismissal)
    • That the meeting is their opportunity to explain or provide comment, no decision has yet been made
    • That the employee is encouraged to bring a support person to the meeting
  • Take an adjournment during the meeting to consider the employee’s responses before making a decision    – reconvene and deliver the decision as to what action (if any) is to be taken
  • Follow up after the meeting in writing to confirm the decision

Never take a prepared letter into a disciplinary meeting as it shows complete pre-determination of the outcome, which could result in an unjustified dismissal.  The only exception to this is during a 90-Day Trial Period in which case it is OK to bring a prepared letter confirming the dismissal.  For more information on the correct disciplinary process, contact the office.

 



Disclaimer

This article, and any information contained on our website is necessarily brief and general in nature, and should not be substituted for professional advice. You should always seek professional advice before taking any action in relation to the matters addressed.