DEALING WITH DISCIPLINARY ISSUES. CONTENTS: 1. Principles of natural justice 2. What comes up for...

34
DEALING WITH DEALING WITH DISCIPLINARY DISCIPLINARY ISSUES ISSUES

Transcript of DEALING WITH DISCIPLINARY ISSUES. CONTENTS: 1. Principles of natural justice 2. What comes up for...

Page 1: DEALING WITH DISCIPLINARY ISSUES. CONTENTS: 1. Principles of natural justice 2. What comes up for VBOM and Staff 3. What constitutes a disciplinary issue.

DEALING WITH DEALING WITH DISCIPLINARY DISCIPLINARY

ISSUESISSUES

Page 2: DEALING WITH DISCIPLINARY ISSUES. CONTENTS: 1. Principles of natural justice 2. What comes up for VBOM and Staff 3. What constitutes a disciplinary issue.

CONTENTS:CONTENTS:

1.1. Principles of natural justicePrinciples of natural justice

2. 2. What comes up for VBOM and StaffWhat comes up for VBOM and Staff

3. 3. What constitutes a disciplinary issue What constitutes a disciplinary issue & gross misconduct& gross misconduct

4. 4. Key points to remember when dealing with Key points to remember when dealing with disciplinary issuesdisciplinary issues

5. 5. Preparation for decision to take disciplinary actionPreparation for decision to take disciplinary action

6. 6. Formal disciplinary stagesFormal disciplinary stages

7. 7. Preparation and running of disciplinary meetingsPreparation and running of disciplinary meetings..

8. Appeals Procedure8. Appeals Procedure

Page 3: DEALING WITH DISCIPLINARY ISSUES. CONTENTS: 1. Principles of natural justice 2. What comes up for VBOM and Staff 3. What constitutes a disciplinary issue.

1. PRINCIPLES OF 1. PRINCIPLES OF NATURAL JUSTICENATURAL JUSTICE

Page 4: DEALING WITH DISCIPLINARY ISSUES. CONTENTS: 1. Principles of natural justice 2. What comes up for VBOM and Staff 3. What constitutes a disciplinary issue.

A COURT OR TRIBUNAL A COURT OR TRIBUNAL

WOULD LIKELY CONSIDER WOULD LIKELY CONSIDER

ANY PROCEDURES, WHICH ANY PROCEDURES, WHICH

ARE LESS BENEFICIAL TO ARE LESS BENEFICIAL TO

AN EMPLOYEE, AN EMPLOYEE, UNFAIRUNFAIR..

(Emphasis will be on the Employer to prove (Emphasis will be on the Employer to prove they acted fairly).they acted fairly).

Page 5: DEALING WITH DISCIPLINARY ISSUES. CONTENTS: 1. Principles of natural justice 2. What comes up for VBOM and Staff 3. What constitutes a disciplinary issue.

STANDARDS OF PROCEDURAL FAIRNESS MEANS THE EMPLOYEE

HAD……

1. NOTICE OF AND UNDERSTOOD THE CASE AGAINST HER / HIM

3. THE OPPORTUNITY TO HAVE SOMEONE ACCOMPANY THEM

2. THE RIGHT TO REPLY TO ACCUSATIONS

4. THE OPPORTUNITY TO IMPROVE PERFORMANCE& CONDUCT

5. THE RIGHT TO HAVE THE CASE HEARD WITHOUT PREJUDICE

6. THE RIGHT TO APPEALTHE DECISIONMADE

Page 6: DEALING WITH DISCIPLINARY ISSUES. CONTENTS: 1. Principles of natural justice 2. What comes up for VBOM and Staff 3. What constitutes a disciplinary issue.

REQUIRMENTS OF PROCEDURAL FAIRNESS

PERSISTENT PATTERNS OF BEHAVIOUR -

EVIDENCE THAT THE EMPLOYER GAVE THE EMPLOYEE PROPER WARNINGS AND A CHANCE TO

IMPROVE

SINGLE SERIOUS INCIDENT -

EVIDENCE THAT A FULL AND FAIR INVESTIGATIONTOOK PLACE

Page 7: DEALING WITH DISCIPLINARY ISSUES. CONTENTS: 1. Principles of natural justice 2. What comes up for VBOM and Staff 3. What constitutes a disciplinary issue.

THE EMPLOYMENT APPEALS TRIBUNAL THE EMPLOYMENT APPEALS TRIBUNAL (E.A.T.) IN TESTING THE FAIRNESS OF A (E.A.T.) IN TESTING THE FAIRNESS OF A DECISION TO DISMISS, WILL MEASURE DECISION TO DISMISS, WILL MEASURE

EITHER THE EITHER THE

PROCEDURES / OR / THE LACK OF PROCEDURES / OR / THE LACK OF PROCEDURES…PROCEDURES…

AGAINST THE STATUTORY CODEAGAINST THE STATUTORY CODE

Page 8: DEALING WITH DISCIPLINARY ISSUES. CONTENTS: 1. Principles of natural justice 2. What comes up for VBOM and Staff 3. What constitutes a disciplinary issue.

EMPLOYERS SHOULD HAVE EMPLOYERS SHOULD HAVE DISCIPLINARY PROCEDURES IN PLACE DISCIPLINARY PROCEDURES IN PLACE BUT ALSO NEED TO FOLLOW THESE BUT ALSO NEED TO FOLLOW THESE PROCEDURES CONSISTENTLY WHEN PROCEDURES CONSISTENTLY WHEN

DISCIPLINING ANY EMPLOYEEDISCIPLINING ANY EMPLOYEE..

Page 9: DEALING WITH DISCIPLINARY ISSUES. CONTENTS: 1. Principles of natural justice 2. What comes up for VBOM and Staff 3. What constitutes a disciplinary issue.

THE BEST SOLUTION TO DEALING THE BEST SOLUTION TO DEALING WITH DISCIPLINARY ISSUES IS……..WITH DISCIPLINARY ISSUES IS……..

• PREVENTION ~ PREVENTION

PREVENTION !!!!!!

• ACTING FAIRLY & STICKING WITH PROCEDURES

• KEEPING ACCURATE RECORDS

Page 10: DEALING WITH DISCIPLINARY ISSUES. CONTENTS: 1. Principles of natural justice 2. What comes up for VBOM and Staff 3. What constitutes a disciplinary issue.

2. WHAT COMES UP FOR 2. WHAT COMES UP FOR VOLUNTARY BOARD OF VOLUNTARY BOARD OF

MANAGEMENT AND MANAGEMENT AND STAFF WHEN DEALING STAFF WHEN DEALING

WITH DISCIPLINARY WITH DISCIPLINARY ISSUESISSUES

Page 11: DEALING WITH DISCIPLINARY ISSUES. CONTENTS: 1. Principles of natural justice 2. What comes up for VBOM and Staff 3. What constitutes a disciplinary issue.

SOME ISSUES FOR VBOM OR SOME ISSUES FOR VBOM OR SUPERVISORSUPERVISOR

Uncomfortable bringing up the issue in the early stages.

Unskilled or not comfortable at giving direct feedback

Let down and frustrated at the lack of performance.

That they just want to get rid of the problem / go into denial.

That its their fault or boundaries get blurred between friendship and being an employer.

Insecure and concerned about initiating what is, in effect, a legal procedure.

Nervous about whether or not they are being fair to an employee.

Page 12: DEALING WITH DISCIPLINARY ISSUES. CONTENTS: 1. Principles of natural justice 2. What comes up for VBOM and Staff 3. What constitutes a disciplinary issue.

SOME ISSUES FOR EMPLOYEESSOME ISSUES FOR EMPLOYEES

• Feelings of being picked on.Feelings of being picked on.

• Insecure in there own work performance.Insecure in there own work performance.

• False sense or lack of awareness of their own False sense or lack of awareness of their own difficulties in performance at workdifficulties in performance at work

• Incapable of changing / meeting the required Incapable of changing / meeting the required standard.standard.

• Regretful and apologetic for their past performance.Regretful and apologetic for their past performance.

• Angry at the supervisor, Project, and or VBOMAngry at the supervisor, Project, and or VBOM

Page 13: DEALING WITH DISCIPLINARY ISSUES. CONTENTS: 1. Principles of natural justice 2. What comes up for VBOM and Staff 3. What constitutes a disciplinary issue.

3. WHAT IS3. WHAT ISA DISCIPLINARYA DISCIPLINARY

ISSUE……..ISSUE……..

EXAMPLES OF EXAMPLES OF MIS-CONDUCT & MIS-CONDUCT &

GROSS MIS-CONDUCTGROSS MIS-CONDUCT

Page 14: DEALING WITH DISCIPLINARY ISSUES. CONTENTS: 1. Principles of natural justice 2. What comes up for VBOM and Staff 3. What constitutes a disciplinary issue.

EXAMPLES OFEXAMPLES OF MIS-CONDUCTMIS-CONDUCT

Consistently poor attendance / time keeping or lateness.Consistently poor attendance / time keeping or lateness. Failure to follow procedures re sick leave or injury.Failure to follow procedures re sick leave or injury.

Negligence in the performance of duties.Negligence in the performance of duties. Being absent without reasonable permission or excuse.Being absent without reasonable permission or excuse.

Deliberate breach of safety rules.Deliberate breach of safety rules. With holding of info which obstructs the work of the project.With holding of info which obstructs the work of the project.

Bringing the organisation into disrepute.Bringing the organisation into disrepute. Breach of confidentiality.Breach of confidentiality.

Consistent non-co-operation with other staff, direct supervisor Consistent non-co-operation with other staff, direct supervisor or VBOM.or VBOM.

Breach of the organisations policies and proceduresBreach of the organisations policies and procedures Miss-use of computer / email / internet in projects timeMiss-use of computer / email / internet in projects time

Page 15: DEALING WITH DISCIPLINARY ISSUES. CONTENTS: 1. Principles of natural justice 2. What comes up for VBOM and Staff 3. What constitutes a disciplinary issue.

EXAMPLES OF GROSS MIS-CONDUCTEXAMPLES OF GROSS MIS-CONDUCT

Unauthorised use of assets and equipment.Unauthorised use of assets and equipment. Sexual harassment, harassment or bullying.Sexual harassment, harassment or bullying.

Refusal to carry out duties or obey reasonable instruction Refusal to carry out duties or obey reasonable instruction (except where it impacts on a workers safety).(except where it impacts on a workers safety).

Theft or unauthorised possession of another employees / the Theft or unauthorised possession of another employees / the projects property.projects property.

Malicious mischief resulting in danger to fellow employees.Malicious mischief resulting in danger to fellow employees. Consumption of alcohol or drugs.Consumption of alcohol or drugs.

Possession of illegal substances whilst on the premises.Possession of illegal substances whilst on the premises. Violent, threatening or bullying behaviour.Violent, threatening or bullying behaviour.

Inappropriate use use of email, internet or computer systems Inappropriate use use of email, internet or computer systems re pornography / child abuse.re pornography / child abuse.

Serious breaches of terms and conditions.Serious breaches of terms and conditions. Falsification of records / accounts / expenses / reports.Falsification of records / accounts / expenses / reports.

Gambling or money lending etc.. Gambling or money lending etc..

Page 16: DEALING WITH DISCIPLINARY ISSUES. CONTENTS: 1. Principles of natural justice 2. What comes up for VBOM and Staff 3. What constitutes a disciplinary issue.

4. KEY POINTS TO 4. KEY POINTS TO REMEMBER WHEN REMEMBER WHEN

DEALING WITH DEALING WITH DISCIPLINARY ISSUESDISCIPLINARY ISSUES

Page 17: DEALING WITH DISCIPLINARY ISSUES. CONTENTS: 1. Principles of natural justice 2. What comes up for VBOM and Staff 3. What constitutes a disciplinary issue.

4.14.1 At the core of any project is the need for satisfactory At the core of any project is the need for satisfactory standards of performance and behaviour from all staff. Staff standards of performance and behaviour from all staff. Staff

should be informed o what is acceptable during their induction should be informed o what is acceptable during their induction period.period.

4.24.2 Important to have fair and equitable disciplinary procedures Important to have fair and equitable disciplinary procedures

4.34.3 Disciplinary procedures should be available in writing to all Disciplinary procedures should be available in writing to all staff within 28 days of starting workstaff within 28 days of starting work

4.44.4 Objective of the procedures is not to impose punishment but Objective of the procedures is not to impose punishment but to allow a mechanism which gives employees time to improve to allow a mechanism which gives employees time to improve

performance or conduct.performance or conduct.

4.54.5 A dismissal should only arise when all efforts to improve A dismissal should only arise when all efforts to improve performance or conduct have been exhausted. performance or conduct have been exhausted.

4.64.6 It is important to understand the implications of taking any It is important to understand the implications of taking any form of disciplinary action and the procedural requirements.form of disciplinary action and the procedural requirements.

All incidents and efforts to bring about change must be All incidents and efforts to bring about change must be recordedrecorded and dated.and dated.

Page 18: DEALING WITH DISCIPLINARY ISSUES. CONTENTS: 1. Principles of natural justice 2. What comes up for VBOM and Staff 3. What constitutes a disciplinary issue.

4.7 4.7 It is important to always have two project representatives in It is important to always have two project representatives in attendance.attendance.

4.84.8 At all stages it is important to discuss and / or seek legal At all stages it is important to discuss and / or seek legal advise from your solicitor.advise from your solicitor.

4.9 4.9 Boundaries between managing performance and taking Boundaries between managing performance and taking disciplinary action are often confused. If attendance, time-disciplinary action are often confused. If attendance, time-keeping or competency levels slip, and no action is taken, keeping or competency levels slip, and no action is taken,

employees may assume that such behaviours are ok.employees may assume that such behaviours are ok.

It is therefore important to take informal action on early indicators It is therefore important to take informal action on early indicators and provide feedback on what is acceptable and unacceptable and provide feedback on what is acceptable and unacceptable

behaviour or performance.behaviour or performance.

4.104.10 As a result, performance levels will be back in line more As a result, performance levels will be back in line more quickly and the project can build on the strengths and the quickly and the project can build on the strengths and the positive relationship with the employee. This reduces the positive relationship with the employee. This reduces the incidence of using the formal elements of the disciplinary incidence of using the formal elements of the disciplinary

procedure.procedure.

Page 19: DEALING WITH DISCIPLINARY ISSUES. CONTENTS: 1. Principles of natural justice 2. What comes up for VBOM and Staff 3. What constitutes a disciplinary issue.

4.11 In some cases it may be necessary to use the disciplinary 4.11 In some cases it may be necessary to use the disciplinary procedures and this should not be considered a failure on the part of procedures and this should not be considered a failure on the part of

the project.the project.

4.12 Legal protection for unfair dismissals comes into force at the 4.12 Legal protection for unfair dismissals comes into force at the end of one year’s service.end of one year’s service.

4.13 The employee 4.13 The employee must alwaysmust always be kept informed in writing of what be kept informed in writing of what is happening and be clear after leaving each disciplinary meeting is happening and be clear after leaving each disciplinary meeting

what the implications are if improvement does not happen.what the implications are if improvement does not happen.

4.14 It is important to know how to use the probationary period to 4.14 It is important to know how to use the probationary period to deal with poor performance, breaches of procedures or poor deal with poor performance, breaches of procedures or poor

selection decisions at the early stages.selection decisions at the early stages.

4.15 However, employers are required to provide all employees 4.15 However, employers are required to provide all employees with details of the disciplinary procedures within 28 days of starting with details of the disciplinary procedures within 28 days of starting

workwork..

Page 20: DEALING WITH DISCIPLINARY ISSUES. CONTENTS: 1. Principles of natural justice 2. What comes up for VBOM and Staff 3. What constitutes a disciplinary issue.

5. HOW YOU NEED TO 5. HOW YOU NEED TO PREPARE BEFORE MAKING PREPARE BEFORE MAKING THE FINAL DECISION TO THE FINAL DECISION TO INSTIGATE DISCIPLINARY INSTIGATE DISCIPLINARY

PROCEDURESPROCEDURES

Page 21: DEALING WITH DISCIPLINARY ISSUES. CONTENTS: 1. Principles of natural justice 2. What comes up for VBOM and Staff 3. What constitutes a disciplinary issue.

5.1 WORK WITH RSA / SEEK LEGAL ADVICE5.1 WORK WITH RSA / SEEK LEGAL ADVICE

5.2 GATHERING INFORMATION:5.2 GATHERING INFORMATION: Such as collating the evidence of poor performance re Such as collating the evidence of poor performance re

supervision records, time sheets, operational plans / targets supervision records, time sheets, operational plans / targets set and not met etc..set and not met etc..

5.3 CARRYING OUT INVESTIGATION OF PARTICULAR 5.3 CARRYING OUT INVESTIGATION OF PARTICULAR INCIDENT:INCIDENT:

This could be in relation to gross miss-conduct. The employee This could be in relation to gross miss-conduct. The employee must be made aware that this is happening. Should be must be made aware that this is happening. Should be

undertaken by a neutral person / persons and written up undertaken by a neutral person / persons and written up objectively and all parties who witnessed this should be objectively and all parties who witnessed this should be

interviewed.interviewed.

Page 22: DEALING WITH DISCIPLINARY ISSUES. CONTENTS: 1. Principles of natural justice 2. What comes up for VBOM and Staff 3. What constitutes a disciplinary issue.

5.4 ASSESSMENT IF THERE IS ADEQUATE GROUNDS 5.4 ASSESSMENT IF THERE IS ADEQUATE GROUNDS FOR DISCIPLINARY ACTION REMEMBERING TO TAKE FOR DISCIPLINARY ACTION REMEMBERING TO TAKE

INTO CONSIDERATION THE FOLLOWINGINTO CONSIDERATION THE FOLLOWING::

• That Projects standards have been made clear.That Projects standards have been made clear.• Rules, regulations, and procedures have been defined.Rules, regulations, and procedures have been defined.

• Employee has been made aware of the disciplinary procedures.Employee has been made aware of the disciplinary procedures.• Has the disciplinary procedure been used to address a similar Has the disciplinary procedure been used to address a similar

issue in the past.issue in the past.• The employee has previously been told that they have to The employee has previously been told that they have to

improve on performance.improve on performance.

5.5 MAKE DECISION AS TO NEXT STEPS5.5 MAKE DECISION AS TO NEXT STEPS

If it is to initiate disciplinary action then you must follow If it is to initiate disciplinary action then you must follow consistently you procedures right through to the final stage consistently you procedures right through to the final stage

acting as fairly as possible and keeping the situation confidential acting as fairly as possible and keeping the situation confidential and professional. and professional.

Page 23: DEALING WITH DISCIPLINARY ISSUES. CONTENTS: 1. Principles of natural justice 2. What comes up for VBOM and Staff 3. What constitutes a disciplinary issue.

6. FORMAL STAGES OF THE 6. FORMAL STAGES OF THE DISCIPLINARY PROCESSDISCIPLINARY PROCESS

Page 24: DEALING WITH DISCIPLINARY ISSUES. CONTENTS: 1. Principles of natural justice 2. What comes up for VBOM and Staff 3. What constitutes a disciplinary issue.

FOUR STAGES FOR DEALING WITHFOUR STAGES FOR DEALING WITHONGOING MISS-CONDUCTONGOING MISS-CONDUCT

STAGE 1:STAGE 1: FIRST VERBAL WARNINGFIRST VERBAL WARNING

STAGE 2:STAGE 2: FIRST WRITTEN WARNINGFIRST WRITTEN WARNING

STAGE 3:STAGE 3: FINAL WRITTEN WARNINGFINAL WRITTEN WARNING

STAGE 4:STAGE 4: DISMISSALDISMISSAL

Page 25: DEALING WITH DISCIPLINARY ISSUES. CONTENTS: 1. Principles of natural justice 2. What comes up for VBOM and Staff 3. What constitutes a disciplinary issue.

BEFORE GIVING THE 1BEFORE GIVING THE 1stst VERBAL WARNING THE VERBAL WARNING THE EMPLOYEE SHOULD BE:EMPLOYEE SHOULD BE:

Told that their work / behaviour has fallen below an acceptable Told that their work / behaviour has fallen below an acceptable level and be made aware that this is unacceptable.level and be made aware that this is unacceptable.

This should be recorded at a support and supervision meeting and This should be recorded at a support and supervision meeting and employee has the right to see it etc.employee has the right to see it etc.

Advised of how improvements can be made and given a period of Advised of how improvements can be made and given a period of time to improve their work / behaviour / attendance.time to improve their work / behaviour / attendance.

Informed of the likely consequences if there is a lack of Informed of the likely consequences if there is a lack of improvement i.e. Formal disciplinary procedures improvement i.e. Formal disciplinary procedures

Advised to read the projects disciplinary proceduresAdvised to read the projects disciplinary procedures

Given adequate notice of any subsequent meetings and informed Given adequate notice of any subsequent meetings and informed of their right to bring someone with themof their right to bring someone with them

Page 26: DEALING WITH DISCIPLINARY ISSUES. CONTENTS: 1. Principles of natural justice 2. What comes up for VBOM and Staff 3. What constitutes a disciplinary issue.

STAGE 1:STAGE 1: FIRST VERBAL WARNINGFIRST VERBAL WARNING

IF THERE ISN’T IMPROVEMENT IN THE EMPLOYEE’S BEHAVIOUR BY IF THERE ISN’T IMPROVEMENT IN THE EMPLOYEE’S BEHAVIOUR BY A SPECIFIED TIME, THE FORMAL VERBAL WARNING IS ISSUED. A SPECIFIED TIME, THE FORMAL VERBAL WARNING IS ISSUED.

PROPER NOTIFICATION MUST BE GIVEN OF THIS.PROPER NOTIFICATION MUST BE GIVEN OF THIS.

THE FIRST VERBAL WARNINGS SHOULD STATE CLEARLY:THE FIRST VERBAL WARNINGS SHOULD STATE CLEARLY:

• How the employee has dropped in acceptable standards.How the employee has dropped in acceptable standards.• What improvement is required and by when. What improvement is required and by when.

• An agreed plan for assistance.An agreed plan for assistance.• How long this written warning will stay in the employees filesHow long this written warning will stay in the employees files..

Notification of what will happen if there is no improvement by the Notification of what will happen if there is no improvement by the specified review date.specified review date.

(This will need to be put in writing to the employee after you have had the (This will need to be put in writing to the employee after you have had the meeting)meeting)

IF THERE IS NO IMPROVEMENT BY THE DATE SET FOR THE NEXT IF THERE IS NO IMPROVEMENT BY THE DATE SET FOR THE NEXT REVIEW THE PROJECT WILL MOVE ONTO REVIEW THE PROJECT WILL MOVE ONTO

STAGE 2:STAGE 2: First Written Warning First Written Warning

Page 27: DEALING WITH DISCIPLINARY ISSUES. CONTENTS: 1. Principles of natural justice 2. What comes up for VBOM and Staff 3. What constitutes a disciplinary issue.

STAGE 2:STAGE 2: FIRST WRITTEN WARNINGFIRST WRITTEN WARNING

THIS WILL REQUIRE THE PROJECT TO PUT THE FOLLOWING IN THIS WILL REQUIRE THE PROJECT TO PUT THE FOLLOWING IN WRITING:WRITING:

What the initial concerns were.What the initial concerns were. Details of how the employee’s progress has not beenDetails of how the employee’s progress has not been

satisfactory.satisfactory. The improvements required and by when.The improvements required and by when.

Any agreed plan for assistance.Any agreed plan for assistance. How long this written warning will stay in the employees files.How long this written warning will stay in the employees files. Notification of what will happen if there is no improvement by Notification of what will happen if there is no improvement by

the specified review date.the specified review date.

IF THERE IS NO IMPROVEMENT BY THE DATE SET FOR THE IF THERE IS NO IMPROVEMENT BY THE DATE SET FOR THE NEXT REVIEW THE PROJECT WILL MOVE ONTO NEXT REVIEW THE PROJECT WILL MOVE ONTO

STAGE 3:STAGE 3: First Written Warning First Written Warning

Page 28: DEALING WITH DISCIPLINARY ISSUES. CONTENTS: 1. Principles of natural justice 2. What comes up for VBOM and Staff 3. What constitutes a disciplinary issue.

STAGE 3:STAGE 3: FINAL WRITTEN WARNINGFINAL WRITTEN WARNING

IF, AT THE DATE OF THE AGREED REVIEW MEETING THAT IF, AT THE DATE OF THE AGREED REVIEW MEETING THAT PROGRESS IS STILL UNSATISFACTORY, THE EMPLOYEE WILL PROGRESS IS STILL UNSATISFACTORY, THE EMPLOYEE WILL

RECEIVE A FINAL WRITTEN WARNING SPECIFYING THE SAME AS RECEIVE A FINAL WRITTEN WARNING SPECIFYING THE SAME AS IN STAGE 2, WHICH WILL REMAIN ACTIVE ON THEIR PERSONNEL IN STAGE 2, WHICH WILL REMAIN ACTIVE ON THEIR PERSONNEL

FILE FOR A SPECIFIED PERIOD OF TIME. FILE FOR A SPECIFIED PERIOD OF TIME.

THE FINAL PART OF THE LETTER SHOULD STATE THAT A REPEAT THE FINAL PART OF THE LETTER SHOULD STATE THAT A REPEAT OF THE OFFENCE OR A PERSISTENT LACK OF PROGRESS BY THE OF THE OFFENCE OR A PERSISTENT LACK OF PROGRESS BY THE

NEXT REVIEW MEETINGNEXT REVIEW MEETING WILL LEAD TO DISMISSAL.WILL LEAD TO DISMISSAL.

Page 29: DEALING WITH DISCIPLINARY ISSUES. CONTENTS: 1. Principles of natural justice 2. What comes up for VBOM and Staff 3. What constitutes a disciplinary issue.

STAGE 4:STAGE 4: DISMISSALDISMISSAL

DISMISSAL SHOULD BE CONFIRMED IN WRITING AND DISMISSAL SHOULD BE CONFIRMED IN WRITING AND SHOULD BE WITHIN THE TERMS OF THE MINIMUM SHOULD BE WITHIN THE TERMS OF THE MINIMUM

NOTICE AND TERMS OF CONDITIONS ACT. NOTICE AND TERMS OF CONDITIONS ACT.

THIS LETTER SHOULD ALSO STATE THE GROUNDS THIS LETTER SHOULD ALSO STATE THE GROUNDS FOR THE ACTION TAKEN. FOR THE ACTION TAKEN.

Page 30: DEALING WITH DISCIPLINARY ISSUES. CONTENTS: 1. Principles of natural justice 2. What comes up for VBOM and Staff 3. What constitutes a disciplinary issue.

7. FACILITATION OF A 7. FACILITATION OF A DISCIPLINARY DISCIPLINARY

MEETINGMEETING

Page 31: DEALING WITH DISCIPLINARY ISSUES. CONTENTS: 1. Principles of natural justice 2. What comes up for VBOM and Staff 3. What constitutes a disciplinary issue.

7.1 OPENING THE MEETING7.1 OPENING THE MEETING Ensure all parties are introducedEnsure all parties are introduced

Clarify the role of the employee representative re listening on behalf of Clarify the role of the employee representative re listening on behalf of the employee / If employee has not brought one , find out why and the employee / If employee has not brought one , find out why and

record reasons.record reasons. Explain that you will be taking notes and that you will be adjourning Explain that you will be taking notes and that you will be adjourning

the meeting for a period of time to reach final decisions once all the the meeting for a period of time to reach final decisions once all the information has been heard.information has been heard.

7.2 EXPLAIN THAT THE PURPOSE OF THE MEETING IS TO:7.2 EXPLAIN THAT THE PURPOSE OF THE MEETING IS TO: Initiate a disciplinary procedure / refer to letter sent.Initiate a disciplinary procedure / refer to letter sent.

Check that the information gathered re disciplinary issues is accurate.Check that the information gathered re disciplinary issues is accurate. Give the employee and opportunity to respond to questions.Give the employee and opportunity to respond to questions.

Allow the employee to share any relevant mitigating circumstances.Allow the employee to share any relevant mitigating circumstances. To agree a performance plan / target / agree next stepsTo agree a performance plan / target / agree next steps

7.3 HEAR THE EVIDENCE:7.3 HEAR THE EVIDENCE:

Hear from employees perspective / ask questions / share information from Hear from employees perspective / ask questions / share information from investigation (if one was undertaken) / invite comments / ask the investigation (if one was undertaken) / invite comments / ask the

employee and their representative if they have anything to say in the employee and their representative if they have anything to say in the workers defenceworkers defence

Page 32: DEALING WITH DISCIPLINARY ISSUES. CONTENTS: 1. Principles of natural justice 2. What comes up for VBOM and Staff 3. What constitutes a disciplinary issue.

7.4 ADJOURN MEETING FOR A SHORT WHILE TO:

Check all the facts/ make sure all the questions have been asked / if not what else do you need to ask.

Assess whether or not the employee has added any additional information to the process that was not envisaged and has this any

bearing on the disciplinary action.

If yes, then the disciplinary group can decide to, seek further information, get further legal advice, continue with suspension to gather

further info, or make a change to the disciplinary action.

If not, then the disciplinary action can be up-held and implemented.

Write the decisions down so that it can be read back to the employee.

Re-convene the meeting and read out, make sure that employee understands what has been said and write out formally to the employee

clarifying the situation.

Page 33: DEALING WITH DISCIPLINARY ISSUES. CONTENTS: 1. Principles of natural justice 2. What comes up for VBOM and Staff 3. What constitutes a disciplinary issue.

8. APPEALS 8. APPEALS PROCEDURESPROCEDURES

Page 34: DEALING WITH DISCIPLINARY ISSUES. CONTENTS: 1. Principles of natural justice 2. What comes up for VBOM and Staff 3. What constitutes a disciplinary issue.

EMPLOYEES HAVE THE RIGHT TO APPEAL EMPLOYEES HAVE THE RIGHT TO APPEAL THE PROCEEDURE, IN WHICH CASE:THE PROCEEDURE, IN WHICH CASE:

An Appeals Panel will need to be established An Appeals Panel will need to be established from other members of the VBOM and they will from other members of the VBOM and they will

have to go through an independent have to go through an independent investigation into the situation / meet with investigation into the situation / meet with worker / reach a decision to up-hold the worker / reach a decision to up-hold the

disciplinary process or change it.disciplinary process or change it.

Other supports could be utilised such as the Other supports could be utilised such as the Labour Rights Commission / this is a free Labour Rights Commission / this is a free

service / information on another presentationservice / information on another presentation