Disciplinary meetings with employers can be stressful and uncomfortable. They can also have serious consequences for your employment, and it’s important to be prepared. In this blog, we’ll explore what to expect from a disciplinary meeting, how to prepare for one, and what to do afterwards.
What is a disciplinary meeting?
A disciplinary meeting is a formal meeting between an employer and employee to discuss concerns about the employee’s behaviour or performance. It’s an opportunity for the employer to raise issues and for the employee to respond. It is a serious step in the disciplinary process, and it is extremely important that you are prepared.
Disciplinary meetings are usually held when an employer believes an employee has breached company policy, engaged in misconduct (fraud, sexual harassment, bullying, discrimination) or is performing poorly. The purpose of a disciplinary meeting is to give the employee an opportunity to explain their behaviour or performance, and to work with the employer to find a solution. Depending on the severity of the issue, the outcome of the meeting could range from a verbal warning to termination of employment.
Preparing for a disciplinary meeting
Here are some things you can do to get ready for a disciplinary meeting:
- Review your employment contract and company policies: Before the meeting, review your employment contract and company policies to make sure you understand what’s expected of you as an employee and what you can expect from the meeting. This will help you understand what you’re being accused of and whether you’ve breached your contract and/or any policies.
- Gather evidence: If you have any evidence that can support your case, such as emails or witness statements, you may bring them with you to the meeting.
- Think about your responses: Think about what you’re going to say in response to the allegations. Be honest and focus on the facts. Don’t be defensive or confrontational.
- Seek advice: Consider seeking advice from a union representative or legal advisor. They can help you understand your rights and offer guidance on how to respond to the allegations.
- Support person: The Fair Work Act 2009 (Cth) allows you to bring a support person to a disciplinary meeting – a friend, family member or union representative. If you choose to bring a support person, make sure they understand that they are not there to advocate on your behalf, ask questions or interrupt. They may speak to you, but not your employer.
During the meeting
During the meeting, it’s important to remain calm and professional. Here are some tips for handling the meeting:
- Listen carefully: Listen carefully to what the employer has to say and make sure you understand their concerns. Don’t interrupt or argue with them.
- Stay focused: Stay focused on the facts and don’t get emotional. Stick to the point and don’t bring up irrelevant issues.
- Disagreement: If you disagree with the allegations, explain why, and provide evidence to support your position.
- Ask questions and seek clarification: Ask questions if you’re unsure about anything. This can help you understand the situation better and clarify any misunderstandings.
- Just answer the question asked: When asked questions, try not to elaborate too much or go on tangents.
- Manner: Be friendly, polite, and respectful.
- Don’t interrupt: Don’t talk over the top of the person running the meeting.
- Correct: If the person running the meeting summarises what you have said, politely correct anything you think is expressed incorrectly or with the wrong nuance.
After the meeting
After the meeting, it’s important to take some time to reflect on what was said and what the outcome might be. Here are some things to do:
- Take action: If you’ve been given a warning or some other kind of disciplinary action, take steps to address the issue. This could mean changing your behaviour or improving your performance.
- Follow up: If the employer has promised to take action, or follow up with you, make sure you keep track of any deadlines or commitments.
- Seek support: If the meeting was stressful or upsetting, consider seeking support from a colleague or professional counsellor.
- Learn from the experience: Use the experience as a learning opportunity. Reflect on what went well and what you could do better next time.
- Seek legal advice: If you are dissatisfied with the way the interview was conducted or with the outcome – especially if your employment is terminated – seek legal advice about what your options are.
Disciplinary meetings can be challenging, but they’re an important part of the employment relationship. By preparing yourself, staying calm and professional during the meeting, and taking action afterwards, you can turn a difficult situation into a positive learning experience.
How we can help
Unfortunately, a disciplinary meeting may result in a termination of employment or another adverse outcome for an employee. If you believe the disciplinary process followed by your employer was unfair, for example, your employer:
- failed to abide by their own policies and procedures or apply them consistently;
- failed to provide details of why the disciplinary process is occurring;
- did not given you a chance to respond to the allegations;
- denied your request for a support person to attend the disciplinary meeting; or
- came to the disciplinary process with a pre-determined outcome,
then you may wish to dispute the outcome of such a meeting.
Further, if your employer failed to consider other factors such as your length of service and prior disciplinary history or the impact of dismissal on your personal or economic situation, then you may wish to dispute the outcome of such a meeting.
In these instances, call us on (02) 9199 8597 or email us now to speak to a great lawyer who will guide you through your options and ensure you receive a fair outcome from a workplace disciplinary action taken against you.
The information contained in this post is current at the date of publishing – 3 September 2024.
