Disciplinary

How to Get Ready to a Disciplinary Meeting

A basic guide for  Employers and Employees when investigating an employee’s actions, alleged misconduct or serious conduct.

 Prior to the Investigative (Disciplinary) Meeting

 Employers should notify their employee preferably in writing:

  • The specific allegation
  • The  likely consequences if the allegation is established.

  • The clauses of the employment agreement  that have been allegedly breached.

  • Information (evidence) relied on should be disclosed to employee by the Employer

Employers should inform their employee in clear terms that:

  • The employee is required to attend an investigative meeting at a reasonable convenient time and date

  • This meeting is to investigate the employee’s alleged actions, misconduct or serious misconduct

  • The employee is  entitled to seek support  from a union or other representative or support person to attend the investigative meeting with them

  • That any explanation offered by the employee will be taken into account prior to any decision being made by the Employer as to what, if any, sanctions may be imposed

 The Investigative  Meeting

  • Employers must give the employee a real (not nominal) opportunity to refute the allegation or to explain or mitigate their conduct.

  • Must be seen to be fair, non-threatening  and free from bias or predetermination

  • Reasonable time should be given to the employee to respond to the matter(s) raised by the Employer

  • Ideally an adjournment should be taken by the Employer to considers its position, responses of the employee and whether further enquiries need to be undertaken prior to making a decision as to sanctions, if any, are to be imposed

 Sanctions

  • Such sanctions may include, counselling, verbal warning, first written warning, final written warning or dismissal

 Suspension

  • In certain situations it may be necessary to impose a period of suspension on the employee so the Employer can carry out further investigations

  • An employer should take legal advice before doing so

 

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