Disciplinary Hearings
5. Discipline in the Workplace
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 16 Jul 2015
- Generally the following behaviours result in a complaint of poor or underperformance by employees:
- not performing or inadequately performing the tasks that are required in the role;
- not completing work in a timely manner without reasonable cause;
- non-compliance with workplace policies;
- inappropriate behaviour in the workplace; or
- disruptive behaviour.
- Employers should give their staff an opportunity to change their behaviour and correct their mistakes.
- Disciplinary action may be considered when:
- there is a repeat in underperformance;
- the complaint is about sexual or physical assault;
- the employee has been cautioned or warned previously for their disruptive or unacceptable behaviour; or
- the employee engages in professional misconduct or unsatisfactory professional conduct.
- Discipline may involve some of these actions:
- a requirement to participate in additional training;
- a formal written warning;
- an order for the employee to provide a formal apology;
- counselling;
- occasionally fines;
- transfer, suspension or probation; or
- termination of employment.
- It is essential that employers adopt a disciplinary policy or action plan at their work place that:
- is fair;
- gives each party equal opportunity to present their case;
- is not unduly harsh;
- takes into consideration any mitigating (reducing/excusing) factors; and
- is consistent and in line with principles of natural justice.
- The term ‘natural justice’ is often used interchangeably with the term ‘procedural fairness’. It includes the following principles:
- complaints or concerns about an employee’s unacceptable conduct should be dealt with promptly;
- the employee should be treated as innocent until claims of unacceptable behaviour or underperformance are substantiated (proved);
- any concerns about unacceptable conduct must be put to the employee; and
- the employee must be given a fair opportunity to provide a response to the employer’s concerns about their unacceptable conduct.
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