Disciplinary Meetings

What is a disciplinary meeting?

A disciplinary meeting usually involves an employer conveying allegations of unsatisfactory performance or conduct to an employee. The meetings are often used by employers to obtain incriminating information from an employee before the employee has been properly notified of the allegations and given a reasonable opportunity to respond. A disciplinary meeting will usually precede disciplinary action, including the issuing of a warning or dismissal. Therefore, they should always be treated seriously by employees.

How do I handle a disciplinary meeting?

It is always important to first understand the nature of any meeting you are directed to attend. If allegations about your performance or conduct are being made as part of the meeting, it is imperative that you receive enough information to allow a meaningful response. It is always best to have a support person present at any disciplinary meeting and to request time to consider the allegations and provide a detailed written response.

The lawyers at Jewell Hancock Employment Lawyers can assist you by requesting further information and evidence about any allegations that have been made against you, attending the meeting as your support person, formulating a written response to any allegations and challenging any disciplinary outcome, including by way of an application to a court or tribunal.

If you have been directed to attend a disciplinary meeting, it is important to obtain advice beforehand. This may be the difference between keeping your job or losing it.

Contact us today to arrange a no-obligation confidential discussion with one of our experienced lawyers.

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Frequently asked questions

A direction to attend a disciplinary meeting is ordinarily a lawful and reasonable direction that an employee must comply with. Where possible, you should ask for an agenda prior to the meeting to ensure you are properly notified.

There is no law requiring employers to allow support persons to attend meetings. However, if the employer refuses a request to have a support person present, this will be considered by the Fair Work Commission in any unfair dismissal application that is subsequently made.

A support person’s role is to provide you moral and emotional support. They are not there to act as an advocate presenting or defending a case on your behalf.

While they are not there to advocate or answer questions on your behalf, it may be appropriate for your support person to seek clarification or to ask for a break. Your support person can also offer you advice throughout the meeting and take notes.