Disciplinary action is a broad area of law that covers any action taken by an employer in relation to an employee for the purpose of correcting the employee’s behaviour. A disciplinary hearing is a formal hearing to determine whether or not an employee has misbehaved and if so what the penalty will be.

In a commercial workplace disciplinary action is generally taken by an employer when an employee:

• does not do their work;
• stays away from work without a reasonable explanation;
• engages in inappropriate conduct or misconduct; or
• breaches any workplace policies.

Disciplinary action can be taken by an industry against a professional who engages in professional misconduct or unsatisfactory conduct such as in:

• the medical industry;
• the legal industry; or
• the defence force among many others.

Disciplinary action may also be taken against a student who engages in academic misconduct.

Disciplinary actions and hearings are guided by employment and industrial relations law. These areas of law regulate the relationship between employers and employees. In Australia there are two main legal instruments relevant to this area of law:

• legislation (written law) such as the Fair Work Act 2009 (Cth); and
• the common law which is law written by judges through the decisions of the courts.

There are also specific awards or ancillary (extra) pieces of legislation that may apply in the states and territories making this an extremely complex area of law.

This Legal Guide on Disciplinary Actions and Hearings provides employers and employees with information about what kinds of disciplinary actions they may implement or face, what to expect and how to prepare for disciplinary hearings. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.

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Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply.