Introduction

General Principles

Formal processes concerning unacceptable behaviour or poor performance should be:

Initially avoided wherever possible by early application of positive remedial measures in the form of redirection, retraining, coaching, counselling and reprimands.
Dealt with only by those with authority to handle such matters.
Dealt with promptly, thoroughly and as close to the source of the problem as possible.
Dealt with in a manner that can be seen to be fair.

Formal Procedure

In all disciplinary situations it is important to ensure that:

All the relevant facts are obtained and verified before any decision on action is taken.
The appropriate manager is informed.
The employee concerned has a full opportunity to explain and comment on the matter.
Appropriate specialist advice is obtained on technical or legal issues.
No provocative, hasty or unauthorised statements or actions are made.
Most importantly, that the Disciplinary Procedure is strictly followed. You can review the Vape Merchant Employment Agreement here.

Good Cause

There are genuine grounds for taking disciplinary action in the following situations:

Serious Misconduct

This means misconduct so serious as to justify dismissal without notice and without warning. This is often referred to as summary or instant dismissal. However, there must still be proper investigation and process before a decision to dismiss is made.

Repeated Misconduct

This means a series of warning offences for breaching rules.

Persistent Poor Performance

This means ongoing performance failure where the employee has failed to respond to formal warnings.

Fundamentals of fair process

In dealing with disciplinary cases, it is not only important for you to ensure that justice is done but also that it is seen to be done. Consider the following points:

Knowledge of work rules and disciplinary procedure

The employee must be informed of and understand the work rules or company policies pertaining to their work area. This includes the Code of Conduct and Disciplinary Procedure.

Informed of the allegation and evidence

You must inform the employee of the allegation which is to be investigated. Also you must advise the employee of the consequences if the allegation is sustained.

Full investigation

You must promptly make all reasonable efforts to establish and confirm the facts.

Opportunity to be Represented

The employee must be offered the opportunity to be represented or have another employee present as a witness.

Opportunity to explain

The employee must have a real chance to explain or justify his/her actions before the decision is taken. This should involve adjourning the meeting for a period to enable the employee to consider his/her position.

Full consideration

After the investigation is complete, which includes interviewing the employee concerned, you must fully consider the facts and the employee’s explanation.

You must consider other factors including the employee’s work history, any extenuating circumstances and the consistency with which rules have been applied in past cases.

Reasons given

After considering the facts, the employee must be informed clearly and frankly of the reason for the decision. This will involve clearly identifying to the employee the “gap” between his/her performance or behaviour as compared with expected requirements.

Restrictions

An employer cannot discipline or dismiss an employee on any grounds which suggest discrimination by reason of:

Participation in union activities.
Taking legal proceedings against the employer.
Colour, race, ethnic or national origin.
Political opinion, family status, employment status, sexual orientation.
Sex, marital status, religious/ethical belief or age.
Disability (physical or intellectual).
Pregnancy or intention to adopt a child.

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