This sets out a company’s policy for implementing disciplinary proceedings against an employee. This agreement should be given to employees when their employment commences. This agreement sets out the company’s and the employee’s rights and what the process the company will follow in the event that the employee’s behaviour necessitates disciplinary action.
You should consider the following:
- The considerable amount of employment legislation and case law means that all companies must follow the same disciplinary process. It is often not possible to dismiss someone immediately (unless in certain circumstances where that employee’s behaviour is so serious that it amounts to gross misconduct) so companies have to be able to demonstrate that they have followed a set process before an employee can be dismissed.
- What are the standards of conduct expected by the employer? How has the employee failed to meet them? Is it a serious or persistent issue?
- It is important that any notice periods are fair and reasonable so an employer may wish to consider:
- What notice period will the employer give the employee of the commencement of an investigation?
- How much notice will the employer give the employee of a disciplinary hearing, and how much notice will the employee have of the findings of the employer’s investigation?
- How long can the company adjourn disciplinary hearings for?
- When will the employer notify the employee in writing of the outcome of the disciplinary process?
- How long will the employee have in which to appeal a decision?
- In any matters concerning employment, both parties should consider obtaining legal advice.
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