Suspension should only occur where the employer has a valid concern that you may interfere with witnesses or harm the workplace in some way if you stay at work while the matters are being investigated. What should you do? Schedule a follow-up meeting approximately one month after the disciplinary meeting (timeframes will change depending on the specifics of the situation). Disciplinary action is a method of dealing with employees who cause problems or do not follow company rules and policies. If responding in writing, you should: If you consider that action by an employer is unjustified, there are several avenues you may be able to pursue. In a serious case, notify the employee of the meeting in writing. Its purpose is to only provide guidance. Liability limited by a scheme approved under Professional Standards Legislation. Often, employers will deal with the matter by calling a meeting with you and putting the allegations and a summary of the evidence and then asking you to respond verbally in the meeting. For many business owners, there will always be a need to manage poor performance; however, best employer companies do this dramatically less because they create a great workplace that sets expectations, they inspire their people, provide ongoing feedback, and they foster a culture of high performance and employee engagement. All rights reserved. However, the abilities of these government agencies to address this situation is limited. Avoid using abbreviations; number each page and paragraph of your response for ease of reference; set out your understanding of the allegations made against you at the beginning of the response; respond in a chronological way to alleged events; don’t make blanket denials but where possible, set out your verbatim recollection of what was said in a particular meeting or incident, ie “, if you cannot remember precisely what was said, then say. Monitor the employee’s progress between the two meetings and, during the follow-up meeting, discuss and assess their performance and conduct against expectations. This sort of interaction may need to occur on several occasions before an employer is justified in terminating your contract of employment. Call Now for Free Help 24/7. It is necessary to consider what the motivation of the employer is in taking the action against you and whether there is any evidence beyond your mere belief. 3. The outcome will probably fit into one of the following: Discipline can quickly become toothless or ineffective if you don’t follow up disciplinary action with monitoring. The primary purpose for discipline is to assist the employee to understand that a performance problem or opportunity for improvement exists. Well, the first thing is not to panic and the second thing is not to resign. In employment law, disciplinary action is a process for dealing with job-related behavior that does not meet expected and communicated performance standards. Terms of Use. To minimise the prospect of issues being raised about your performance, you should: Most performance related disciplinary action has its roots in a lack of communication and guidance. Call 1300 321 388 . If there are multiple allegations, go through them one at a time, explaining the allegation and allowing the employee to respond to each of them in turn. Video: 6. It can be difficult to challenge disciplinary decisions that fall short of termination of employment. You may well have nothing to worry about. Disciplinary Action for Poor Performance and Misconduct This program is designed to provide your managers, supervisors and HR practitioners with an easily digestible outline of the various legal obligations they need to be aware of when managing performance and conduct issues. Often, an employee’s performance will not improve unless the employer takes a proactive stance towards helping the employee. 1300 321 388 . It should be clear to you what the allegations (whether of misconduct or poor performance) are that have been made against you. It is also wise for you to inform them that you will have a witness present. This Guideline is an aid to managing disciplinary processes under the Public Service Act 2008 (PSA), Chapter 6 (‘Disciplinary action for public service employees and former public service employees’). Accredited Specialist (Workplace Relations), Address: If not, you should ask whether the employer is agreeable to you recording the meting. This register covers those members who have had their membership terminated or suspended, as well as published determinations and sanctions imposed on FPA members by the Conduct Review Commission (CRC) following a breach of the FPA Code of Professional Practice. Ensure you document their responses. Video: 5. Your support person should make notes of what is said at the meeting. At the meeting you should explain your allegations of poor performance and/or conduct including the supporting evidence you have gathered. ALLEGATIONS. Under current laws in Australia, you must not unreasonably refuse the employee’s request for a support person to attend a disciplinary meeting. For The Public > Register of Disciplinary Action. Disciplinary action may be taken by the Legal Profession Conduct Commissioner, the Legal Practitioners Disciplinary Tribunal, the Supreme Court or in some cases, by their interstate equivalents. Means action by the University to discipline an Employee for Misconduct or Serious Misconduct and includes: formal censure or counselling; demotion by one or more classification levels or increments; withholding of an increment; suspension with or without pay; or termination of employment for Serious Misconduct only. You may be able to make an application to Fair Work Commission if the employer is motivated by a ground which is prohibited under the Fair Work Act or in breach of your workplace rights. Section 452 of the Legal Profession Act 2008 (WA) (the “ Act ”) requires the Board to keep a Register of Disciplinary Action (the “ Register ”). If you do not agree with a particular disciplinary decision which has been taken, you should at the very least, put your concerns and reasons on paper and ask the employer to place this letter on your personnel file and to review the penalty imposed upon you. This is not an exhaustive list and you should obtain legal advice as soon as possible about your options as time limits apply to making these types of applications. This may also help in resolving any simmering concerns you may have about any aspect of your work. It is official action that reflects formal disapproval on a temporary or permanent basis. Sitemap. Disciplinary action Academic staff To access information regarding disciplinary action, including the steps for counselling for unsatisfactory performance and/or conduct, refer to clause 53 of the Monash University Enterprise Agreement (Academic and Professional Staff) 2014. The Register of Disciplinary Action contains information about lawyers who have been disciplined. you provide a thorough response to the allegations (preferably in writing and preferably with the benefit of advice from your union or lawyer). What should you do? It may come in the form of a verbal or written reprimand or the loss of employee privileges. Joining CPA Australia means committing to the obligations spelt out in CPA Australia's Constitution and By-Laws, APES 110 Code of Ethics for Professional Accountants (PDF), and applicable regulations. Australia Post workers have been threatened with disciplinary action if they take photos exposing huge backlogs of parcels in delivery centres in Victoria. This is not the same as the old “three written warnings” rule. Employsure is Australia’s largest workplace relations specialists. Implements disciplinary action if no appeal or appeal is concluded. GPO Box 147 Companies use a range of disciplinary procedures depending on the severity of the transgression. the allegations are detailed enough for you to appreciate what you are responding to; evidence to support the allegations is put to you such as summaries of witness statements or, preferably, the full witness statements themselves; you are given a reasonable opportunity to obtain legal advice and consider the material that has been put to you; and. Notify the employee of the outcome of the disciplinary process. No matter how convinced you are, it is important that you listen to and document the employee’s response. This is called giving you a “fair go all round”. This Disciplinary Action company policy template is ready to be tailored to your company’s needs and should be considered a starting point for setting up your employment policies. The Disciplinary Policy is intended to assist and inform Registrants and the public of the disciplinary procedures available. 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