Discipline, warning, dismissal

Discipline, warning, dismissal

Our standards of behaviour and performance are important to our success and reputation. They are defined by our principles, our Code of Conduct and in our policies. Your responsibilities as a leader include ensuring your team understands our standards. You can do this by regularly setting expectations for behaviour and performance with your team. Where necessary you are expected to address issues of behavior or performance that falls short of these standards and get performance back ‘on-track’  including giving feedback and coaching. While generally disciplinary action is a last resort you should not hesitate to take disciplinary action in accordance with our disciplinary procedure policy when other efforts to get performance/behaviour back on track have failed or where there are allegations of misconduct or serious misconduct. In doing so you need to understand the legal considerations that apply to discipline, warning and dismissal including the need to have good cause for any disciplinary action we take and to follow a fair process. Team members have the right to challenge disciplinary processes by raising a personal grievance as allowed under the Employment Relations Act.  Some types of problems have unique features and require special handling and for these we’ve provided specific advice. They include absenteeism, dealing with suspected criminal activity or harassment/sexual harassment or bullying and dealing with people who arrive potentially unfit for work.

Out of hours or emergency situations

Sometimes a situation which may require serious disciplinary action occurs outside of normal business hours when you have no immediate access to your manager or Organisational Development and Capability. You may believe the person’s continued presence on site poses some risk to people, property or the upcoming investigation. Examples might include risk of; violence, verbal abuse, disruption to the workplace, damage to property or the risk they tamper with evidence needed for our disciplinary process. If you can’t contact your manager or Organisational Development and Capability, discuss the situation with the most senior person you can immediately contact. If you believe their continued presence genuinely is a risk, ask them to leave the workplace until the beginning of the next working day when you have had time to discuss the situation with your manager and Organisational Development and Capability. Tell them this is not a formal suspension but simply to make the situation safe until you had time to take advice.

Your responsibility is to:
  • Regularly set expectations of behaviour and performance with your team (e.g at monthly performance conversations and team meetings).
  • Reinforce our values and good performance/behaviour.
  • Challenge unacceptable performance/behaviour early and use our tools for getting performance back on track.
  • Address persistent unsatisfactory performance, misconduct or serious misconduct promptly in accordance with our disciplinary process.
  • Advise your manager and involve Organisational Development and Capability when commencing a disciplinary process.
Who should I involve?
  • Your manager must be advised before you commence any disciplinary process.
  • Your second tier manager must be advised before you commence a disciplinary process where the outcome may be dismissal.
  • Organisational Development and Capability should be involved in planning and handling all disciplinary processes.
What approvals do I need?
  • Suspension of a team member: Your proposal to suspend must be must made in consultation with Organisational Development and Capability and advised to your second tier manager before you decide to suspend.
  • Warnings: Your decision to issue a warning must made in consultation with Organisational Development and Capability and advised to your second tier manager before the warning is issued.
  • Dismissal: Your decision to dismiss must be made in consultation with Organisational Development and Capability and advised to your second tier manager before the dismissal takes place.

 

What constitutes misconduct, serious misconduct?

Types of behaviour or performance issues which may justify disciplinary action include:
  • Serious misconduct: means misconduct so serious as to justify dismissal without notice and without warning. This is often referred to as summary or instant dismissal. Check our Code of Conduct. Examples include being in possession, consuming, selling of drugs, physical violence, bullying,  threatening behavior against team members, customers, contractors, visitors or the general public, failure to follow lawful and reasonable instruction, falsification of company documents, unauthorised possession of company property, failure to observe safety rules; or acting in an irresponsible way which affects the safety and/or results in injury to self, another team member, contractor, visitor or customer; or failure to report any hazard, unsafe equipment that may cause injury to a customer, contractor, visitor or team member, etc.
  • Misconduct: Includes less serious offences in breach of our Code of Conduct, policies, or standards. Examples include; lateness, absenteeism, not taking reasonable care, low-level harassment, unprofessional behaviour etc.
  • Unacceptable performance: Includes, not working to high standards of professionalism, not delivering on performance objectives, failing to follow standard processes, failure to keep accurate timesheets, wasting time or materials or using our resources without obtaining prior approval, etc.

 

Our disciplinary process

A flowchart describing our disciplinary process is set out opposite. Each step is explained in detail with links to the documents and tools you need. Alternatively, if you know the process well, the guidelines and documents you need at each step are listed below.

THE STEP BY STEP PROCESSCHECKLISTS AND DOCUMENTS
Guidelines to help you with the disciplinary processGuidelines for the disciplinary process Legal Considerations
1. Preliminary Investigation: Establishing whether there is substance to the allegations, getting the right people involved, planning your process. Considering whether suspension is required.Tips for conducting the preliminary investigation
2. Advice to team member: explaining the allegations and disciplinary process. Discussing suspension (if necessary).Tips for advising team members Advice to team member of disciplinary process - conversation plan Invitation to disciplinary meeting letter
3. Suspension: when should we suspend and how do we do that?.Guidelines for suspension Suspension Letter
4. Full investigation: completing and documenting your investigation.Tips for conducting the full investigation
5. Investigation interview: detailing the allegations and evidence. Getting the team member's explanation. Tips for conducting the full interview* Investigation Interview – Conversation Plan
6. Consider team member's explanation: giving due consideration to any explanation you’ve heard and deciding whether the allegation is substantiated.Tips for considering team member explanation
7. Decide on appropriate action: considering any mitigating factors and deciding on the appropriate action.Tips for deciding on a penalty Issuing a warning - Conversation Plan Verbal-Written-Final Written Warning Letter Dismissal - Conversation Plan Dismissal on Notice Letter Dismissal Without Notice Letter
8. Implement: conveying your decision to the team member. Tips for implementation