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
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The likely consequences if the allegation is established.
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The clauses of the employment agreement that have been allegedly breached.
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Information (evidence) relied on should be disclosed to employee by the Employer
Employers should inform their employee in clear terms that:
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The employee is required to attend an investigative meeting at a reasonable convenient time and date
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This meeting is to investigate the employee’s alleged actions, misconduct or serious misconduct
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The employee is entitled to seek support from a union or other representative or support person to attend the investigative meeting with them
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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
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Employers must give the employee a real (not nominal) opportunity to refute the allegation or to explain or mitigate their conduct.
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Must be seen to be fair, non-threatening and free from bias or predetermination
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Reasonable time should be given to the employee to respond to the matter(s) raised by the Employer
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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
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Such sanctions may include, counselling, verbal warning, first written warning, final written warning or dismissal
Suspension
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In certain situations it may be necessary to impose a period of suspension on the employee so the Employer can carry out further investigations
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An employer should take legal advice before doing so
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