There are two main areas where a specialist employment lawyer can help with issues relating to disciplinary actions.

A lawyer may help an employer prevent disciplinary action by:

• drafting an employment contract that clearly lists the job requirements to avoid confusion; and
• drafting a disciplinary action policy that complies with industry rules and ensures workplace harmony.

If disciplinary action becomes necessary a lawyer can:

• help an employer understand their rights and responsibilities when initiating disciplinary action against an employee and specifically how to ensure procedural fairness;
• provide proper legal advice which can help prevent an employer from acting in a discriminatory way when dealing with an employee; and
• represent the employer at a formal disciplinary hearing conducted in front of an external committee.

A lawyer may help an employee avoid disciplinary action by:

• advising the employee on the expectations of their role as having a clear understanding of your role at the workplace helps prevent problems with underperformance; and
• explaining employment contracts which should contain a role description and employer expectations.

Facing disciplinary action can be confronting and upsetting for most people.

• A lawyer can help an employee by:
  • explaining their rights when faced with disciplinary action;
  • drafting submissions and legal documents;
  • providing representation at formal hearings;
  • negotiating lesser penalties with employers;
  • explaining the appeal process; and
  • explaining other legal options that may be available. 

Many Community Legal Centres offer free general employment law advice to employees who earn below a certain annual threshold. You can check our Community Legal Centres topic for more information. For advice that is specific to your situation you can look for a specialist employment lawyer near you in our free Find a Lawyer directory.