Have you been given notice of a disciplinary or investigation meeting?
Quite often a disciplinary meeting can result in you losing your job. Particularly if it says so in the letter you have received from your employer. If this is a risk you should consider taking an employment lawyer or advocate with you.
Please watch the above video where Kate from Work Law offers some simple pointers about how to approach a disciplinary meeting.
At all times it is best to attend these meetings with an employment lawyer or employment law advocate who can help you avoid the problems at these meetings.
You should contact us immediately when you receive notice of a disciplinary meeting so that our advocate can arrange for the meeting to take place at a time convenient to all.
Your employment law advocate will help you prepare beforehand and have a defence to the accusations as well as ensuring the disciplinary meeting proceeds fairly and with proper consideration of your rights. Your advocate will also advise you on the possibilities of an exit package or grievance that may arise from the disciplinary meeting. They will also be able to advise on solutions to problems that gave rise to the disciplinary meeting including staff relocation and rearrangement of duties.
The advocate can guide you through the meeting and speak on your behalf as appropriate. We can advise you on your options before, during and after the disciplinary meeting.
You should be told in advance if the meeting is going to be disciplinary.
You should be told what the meeting is about and how serious the outcome could be, so you can prepare and get support.
If you are called to a disciplinary meeting you have the right to refuse to go ahead with the meeting until you have a support person. If your support person hasn’t had time to prepare, then the meeting must be rescheduled.
A Disciplinary Meeting can often be a great opportunity to turn things in your favour.
They can sometimes be an opportunity to negotiate an exit from what has become an unhappy situation for both the Employer and the Employee.
Disciplinary meetings often open up the way to other employment solutions. The advocate can advise and assist you with these. With an advocate, disciplinary meetings will be much easier and less stressful. With our help, a disciplinary meeting can often lead to a better employer/employee relationship in the long-run.
The seriousness of the disciplinary action must reflect the seriousness of your actions: the punishment must fit the crime. Any disciplinary action, such as a warning, or dismissal, must be the same action taken against other workers who have done the same thing in the past. You cannot get a harsher punishment than another worker for doing the same thing.
Contact us as soon as you are advised of a disciplinary meeting – we can help.
Never attend a disciplinary or investigation meeting without calling us first.
If you have attended a disciplinary meeting and you are unhappy with the outcome you may be entitled to raise a personal grievance.
Disciplinary Meeting FAQ
What is a disciplinary meeting at work?
A disciplinary meeting is an opportunity for you to explain your version of the events that have led to an investigation of misconduct at work. There should be a good reason for a disciplinary meeting and the process of the disciplinary action should follow what is outlined in your employment agreement or your workplace’s policies.
What happens at a disciplinary meeting?
Before the meeting, your employer should give you a letter explaining what the disciplinary meeting is for. If the outcome of the disciplinary meeting could be that you lose your job it should say that in the letter. You should have time to find an employment lawyer or employment advocate to get legal advice, and you should be aware that you can bring a support person. At the meeting, you will be given an opportunity to explain your side of the story. Your support person, employment lawyer or employment advocate can speak on your behalf. You will be able to provide evidence to support your side of the story. Your employer should carefully consider your responses before making any decision. The outcome should not be pre-decided. Click here for more info on what to expect at a disciplinary meeting.
What to say at a disciplinary hearing
A disciplinary meeting or hearing is your opportunity to put your side of the story forward. You should be told before the meeting what the problem your employer wishes to discuss is. It’s a good idea to prepare your responses in writing. You can ask your support person to speak for you. If you have any questions about what you are accused of doing you can ask them. You can ask to see the evidence or witness statements. You can provide your own evidence or witness statements to show your side of the story. Remain polite and calm.
What our clients are saying
Jenifer is efficient, supportive and extremely knowledgeable when it comes to employment law
I’ve had the unfortunate experience of having to go through an employment dispute twice. The first time was painstakingly difficult and emotionally draining with the advocate I chose. This time I chose Work Law and got Jenifer Silva. Jenifer is efficient, supportive and extremely knowledgeable when it comes to employment law. Even with attempts at constantly delaying the procedure by one party, she knew how to handle it. She is also more than willing to go to the ERA and beyond if necessary. She is sometimes extremely straightforward and blunt, but you can be assured that she will stop at nothing to make sure you get a more than satisfactory result. Highly recommended.
Response from No Win No Fee
Thank you very much for the review Dean, we really appreciate it. All the best for the future from Jenifer and the team at Work Law.
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