Answer by Neha Sharma, Hillsdale 2036 NSW

• There is no model disciplinary procedure that applies to every workplace.
• However there are general principles that you should keep in mind when drafting a disciplinary action policy.
• Employers should periodically counsel employees who are underperforming at a workplace.
  • This is an important step to ensure that employees understand the standard of work that is expected of them.
  • You should tell your employee that he must be on time and that he has received complaints about politeness and hygiene.
  • Make clear the consequences of repeated failure to improve.
• Employers should maintain an accurate log of all incidents and maintain a record of any action that has been taken:
  • you should make note of any complaints that are received and  dates and times when the employee arrives late;
  • you should also note when you speak to the employee about the problems and what their response is; and
  • a copy of the record should be given to the employee when you speak to them.
• An employee should be given sufficient time and opportunity to improve their performance.
  • An employer may adopt a warning procedure to ensure that the employee is working properly.
  • Tell your employee this is his first warning and that he has two more before his employment will be terminated.
    • You can choose the number of warnings you want to give but 3 is recommended.
  • The warning should be in writing and include consequences of repeated underperformance or unsatisfactory conduct.
• A disciplinary policy should entitle the employer to summarily dismiss (without notice) an employee for serious misconduct. This should be done in writing and give a detailed explanation of the offence. The letter should also set out what the employee should do if they feel the dismissal is unreasonable.
• An employee has a right to have another employee, trade union representative or a support person present at every stage of the disciplinary process.