Disciplinary Process/Policy

• To encourage improvement in conduct or performance.
• Sets out actions when disciplinary rules are breached.

• Employees have the right to representation during formal disciplinary processes. 
• Representatives may be a colleague, union steward, or union officer (even if the union is not recognised by the company).
• Representatives can speak and summarize but cannot answer questions on behalf of the employee.

• Facts must be established quickly and consistently. 
• No action until full investigation is completed.
• Employees must receive reasonable notice (48 hours deemed too short).
• Right to state their case and be represented.
• Dismissal is unlikely for a first breach unless it's gross misconduct.
• Right to appeal any disciplinary action.

Stage 1 – First Warning

• Given if informal discussions fail.
• Verbal warning issued with details, duration (usually 6 months), and consequences.
• Right to appeal.
• Notes kept on file and destroyed after expiry.

Stage 2 – Written or Final Warning

• For serious offences or lack of improvement.
• Written warning issued with details, duration (usually 12 months), and consequences.
• Right to appeal.
• Notes kept on file and destroyed after expiry.

Stage 3 – Dismissal or Action Short of Dismissal

• For continued poor conduct/performance or serious misconduct.
• May result in dismissal, unpaid suspension, or demotion.
• Details provided in writing, including notice and final date.
• Right to appeal.
• Notes kept on file.

• May result in summary dismissal without notice or pay in lieu.
• Employee may be suspended (with pay) during investigation.
• Examples include:
  • Theft, fraud
  • Alcohol/drug use at work
  • Violence, abuse, bullying
  • Harassment
  • Gross negligence or insubordination
  • Falsification of records
  • Property damage

• Must be made within 5 working days to someone not previously involved.
• Reasons must be clearly stated. 
• Appeal heard promptly and impartially.
• Outcome confirmed in writing.

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