Discipline

As a business owner or manager of employees, there will be occasions when issues arise with an employee’s conduct or performance. Following the right process before issuing a warning to an employee is critical to:

• ensure the warning can be relied upon if there are repeated incidents of poor performance or misconduct, and
• evoid the time, cost, and stress in addressing a personal grievance claim.

An employee can raise a personal grievance in respect of any disciplinary action taken against him/her by an employer if:

• the disciplinary action is not substantively justified, and/or
• the employer has failed to follow a fair process in reaching its determination to issue a warning.

What is required by an employer to ensure it complies with its obligation to act in a justified manner and as a fair and reasonable employer? This may vary according to the circumstances and it is recommended that you take advice as to your obligations. However, there are some general do’s and don’ts in investigating where disciplinary action is a potential outcome.