Disciplinary action refers to formal steps taken by an employer to address employee misconduct or performance issues.
Legislation: Related to Unfair Dismissal and Misconduct provisions | Category: Performance & Conduct
What is Disciplinary Action?
Disciplinary action refers to formal steps taken by an employer to address employee misconduct or performance issues. A fair and documented disciplinary process is essential to managing workplace behaviour and, if termination becomes necessary, defending against unfair dismissal claims.
Most disciplinary processes follow a progressive approach: informal counselling, first written warning, final written warning, and then termination. However, serious misconduct may justify dismissal without prior warnings.
Key Compliance Points for Employers
- Employees should be informed of the allegations and given opportunity to respond before decisions are made
- Documentation should include specific details of the conduct, dates, and impact
- Employees should be allowed a support person at disciplinary meetings
- Consistency is crucial — similar conduct should attract similar responses across the workforce
- Policies should clearly define what constitutes misconduct and serious misconduct
Frequently Asked Questions
What is Disciplinary Action?
Disciplinary action refers to formal steps taken by an employer to address employee misconduct or performance issues.
Why is Disciplinary Action important for employers?
Understanding disciplinary action helps employers comply with Australian employment law, avoid penalties, and maintain fair workplace practices.
