Disciplinary Hearings
7. Tips for Employers
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 16 Jul 2015
- 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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