Disciplinary Hearings
6. Before a Disciplinary Hearing
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 16 Jul 2015
- There are a number of steps that employers should ideally adopt before arranging a disciplinary hearing. The exception is for misbehaviour that is so serious it requires an expedited (urgent) hearing to take place.
- Most work places prefer to adopt a formal written warning procedure as the initial or primary form of discipline in a workplace.
- A warning procedure is considered to be consistent with principles of fairness when the conduct does not warrant immediate termination.
- Tribunals that regulate discipline in some industries consider employers that implement a warning procedure in their disciplinary action plans more favourably.
- It is imperative that employers maintain a written record of all warnings and keep incident reports that may be used as evidence if the behaviour leads to a disciplinary hearing.
- A formal written warning is usually given if:
- there is repeated lateness or absenteeism;
- an employee adopts abusive or discourteous communication with fellow work colleagues or third parties; or
- the employee refuses to do assigned work or shows underperformance.
- In some instances the seriousness of the misconduct or inappropriate behaviour may warrant summary dismissal (without notice) or immediate termination of employment without warning. However this should only occur in extreme circumstances and be supported by clear and certain evidence.
- Counselling or coaching is a process through which an employee’s supervisor or manager discusses and suggests specific steps to enable the employee to improve his or her behaviour or conduct.
- When counselling or coaching an employee ensure that the following issues are addressed and discussed at the meeting:
- the details about what standards have not been met;
- what is the expected level of performance or behaviour;
- what steps can be taken to improve the level of performance or behaviour;
- consequences of future underperformance or unacceptable conduct; and
- an action plan outlining any further training if required.
- Allow the employee to give their side of the story and to discuss any mitigating (reducing/excusing) factors that they may have. For example:
- family commitments;
- personal issues;
- health issues; or
- trouble at the workplace.
- Minutes of the meeting should be given to the employee as soon as practicable after the meeting.
- If counselling and coaching results in improvement in behaviour or performance of the employee it should be acknowledged privately to the employee.
- The employee’s progress should be reviewed periodically.
- If the employee does not show any improvement in his or her performance or behaviour following counselling or coaching then a further warning notice may be issued specifically outlining consequences of inaction.
- Alternatively a disciplinary hearing may be arranged to discuss the matter.
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