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Disciplinary Hearings

7. Tips for Employers

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 16 Jul 2015
    7. Tips for Employers
  • Many industries have independent entities that conduct disciplinary hearings. For example:
    • complaints against lawyers, barristers and legal clerks in NSW are investigated by the Office of the Legal Services Commissioner and the NSW Civil and Administrative Tribunal (NCAT);
    • complaints against doctors and professionals in the medical industry in NSW are investigated by the Health Care Complaints Commission (HCCC) and the NSW Civil and Administrative Tribunal (NCAT); and
    • businesses usually have internal disciplinary action committees with complaints being investigated by their Human Resources department.
  • You should obtain legal advice specific to your industry.
  • If an employer decides that a disciplinary hearing should be arranged after an investigation they should be mindful of the following things:
    • Make sure the employee is given sufficient written notice about the meeting so they have a chance to prepare a response to the allegations. You should check with the time requirements for your specific industry. Generally the time frame should be at least 3 business days.
    • Ensure that the notice follows any necessary guidelines and that it contains sufficient information to inform the employee of:
      • the time, date and location of the meeting; and
      • the reason for meeting specifically outlining what events have led to the meeting.
    • The employee should be given information about their rights including:
      • the right to present their case and tell their side of the story;
      • the right to know what evidence is being considered against them;
      • the right to have a support person present;
      • the right to have an interpreter present if required; and
      • the right to representation by their trade union.
    • Familiarise yourself with the policies or protocols on disciplinary procedures that are relevant to your industry.
    • Appoint an independent person who is not associated with the matter to take accurate minutes at the meeting.
  • To ensure a fair process:
    • outline the procedure that will followed at the meeting;
    • set out the case against the employee;
    • give the employee sufficient opportunity to answer any questions put to them and to give their side of events;
    • formally conclude the hearing or adjourn if necessary;
    • if required decide what disciplinary action will be taken;
    • specify any time frame for improvement including any schedule for review;
    • discuss consequences of failing to achieve the required standards of performance; and
    • provide the employee with a written notice of the decision specifically outlining:
      • the reasons for the decision;
      • a future action plan;
      • the consequences of inaction; and
      • the avenues of appeal including any time limits if applicable.

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