Advising managers: how to plan and prepare for a disciplinary hearing
Advising managers: how to plan and prepare for a disciplinary hearing

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Advising managers: how to plan and prepare for a disciplinary hearing
  • Legal considerations and implications
  • How to plan a disciplinary hearing
  • Who should conduct the hearing
  • Who else should attend
  • When to hold the hearing
  • Where to hold the hearing
  • Written notification of the disciplinary hearing and allegations
  • Disclosure of all evidence and documentation that may be referred to in the hearing
  • The right to be accompanied
  • More...

Advising managers: how to plan and prepare for a disciplinary hearing

Coronavirus (COVID-19): Issues relating to handling disciplinary and grievance matters during the coronavirus (COVID-19) pandemic are considered in Practice Note: Coronavirus (COVID-19)—handling disciplinary and grievance issues during the pandemic.

In cases of apparent misconduct, the first stage is for a disciplinary investigation to be conducted. Once that is complete, the investigator will review the evidence.

The investigator will then decide whether the evidence sufficiently demonstrates that:

  1. the employer has a clearly defined rule, policy, procedure or standard

  2. that rule, policy, procedure or standard may have been breached by the employee, and

  3. such a breach might, if shown to have occurred, be regarded by the employer as serious enough to warrant some form of disciplinary sanction (it would not normally be reasonable to proceed to a disciplinary hearing if, even at its highest, the misconduct alleged is clearly too trivial to warrant any form of disciplinary response)

If satisfied that that threshold has been met, the investigator will recommend that a disciplinary hearing be conducted in accordance with the employer's disciplinary and dismissal procedure.

For further information on the disciplinary investigation phase, see Advising managers: how to conduct a disciplinary investigation.

Proper planning and preparation for the disciplinary hearing should ensure that:

  1. the right people are involved in the disciplinary hearing

  2. the available relevant evidence

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