Employee Disciplinary Policy

INTRODUCTION

This policy sets standards of performance and behaviour expected by the Employer, together with the procedure to be followed in the event of disciplinary issues. The policy aims to help promote fairness and order in the treatment of individuals. It is the Employer’s aim that the rules and procedures should emphasise and encourage improvement in the conduct of individuals where they are failing to meet the required standards, and not be seen merely as a means of punishment. We reserve the right to amend these rules and procedures where appropriate.

Every effort will be made to ensure that any action taken under this procedure is fair, with you being given the opportunity to state your case.

The following rules and procedures should ensure that:

• the correct procedure is used when requiring you to attend a disciplinary hearing

• you are fully aware of the standards of performance, action and behaviour required of you

• disciplinary action, where necessary, is taken speedily and in a fair, uniform and consistent manner

• you will only be disciplined after careful investigation of the facts and the opportunity to present your side of the case

• at all disciplinary hearings, rather than investigatory meetings, you have the right to be accompanied by a support person at all stages of the formal disciplinary process

• you will not normally be dismissed for a first breach of discipline, except in the case of serious misconduct and

• if you are disciplined, you will receive an explanation of the penalty imposed.

On some occasions temporary suspension on contractual pay may be necessary in order that an uninterrupted investigation can take place. This should not be regarded as disciplinary action or a penalty of any kind.

DISCIPLINARY RULES

It is not practicable to specify all disciplinary rules or offences that may result in disciplinary action, as they may vary depending on the nature of the work.

In addition to the specific examples of misconduct and serious misconduct shown in this policy, a breach of other specific conditions, procedures and practices set out elsewhere in this Employee Handbook or that have otherwise been made known to you, will also result in this procedure being used to deal with such matters.

RULES COVERING MISCONDUCT

You will be liable to disciplinary action if you are found to have acted in any of the following ways:

• failure to abide by the Employer’s health and safety policies and procedures and your general health and safety responsibilities
• actions which could threaten the health and safety of yourself, your colleagues or others

• persistent absenteeism and/or lateness

• unsatisfactory standards or output of work

• rudeness towards customers/clients, members of the public or your colleagues, objectionable or insulting behaviour, harassment, bullying or bad language

• failure to devote the whole of your time, attention and abilities to our business and its affairs during your normal working hours

• unauthorised use of email, internet and/or social media

• failure to carry out all reasonable instructions or follow our rules and procedures

• use of the Employer’s vehicles without approval or the private use of our commercial vehicles without authorisation

• failure to report any incident whilst driving the Employer’s vehicles, whether or not personal injury or vehicle damage occurs

• if your work involves driving, failure to report immediately any type of driving conviction, or any summons which may lead to your conviction

• carrying unauthorised goods or passengers in the Employer’s commercial vehicles or the use of the Employer’s vehicles for personal gain

• loss of driving licence where driving on public roads forms an essential part of the duties of the role

• unauthorised use or negligent damage or loss of our property and

• failure to report immediately any damage to property or premises caused by you.

This list is not exhaustive.

SERIOUS MISCONDUCT

Occurrences of serious misconduct are significant because the penalty may be termination without notice, even without any previous warning being issued. It is not possible to provide an exhaustive list of examples of serious misconduct. However, any behaviour or negligence resulting in a fundamental breach of your contractual terms that irrevocably destroys the trust and confidence necessary to continue the employment relationship will constitute serious misconduct. Examples of offences that will normally be considered to be serious misconduct include serious instances of:

• theft or fraud

• any conduct that may constitute a criminal offence

• physical violence or bullying

• sexual harassment

• deliberate damage to property
•  
• deliberate acts of unlawful discrimination or harassment

• possession, or being under the influence, of illegal drugs at work and

• breach of the Employer’s health and safety policies and procedures and your general health and safety responsibilities or any actions that endangers the lives of, or may cause serious injury to, employees or any other person.

DISCIPLINARY PROCEDURE

Disciplinary action taken against you may be based on the nature of the conduct and behaviour. Outcomes of the disciplinary procedure will vary depending on factors including, but not limited to, any history of misconduct, the severity of the misconduct, your length of service and any mitigating factors. The outcomes include:

• formal verbal warning

• written warning

• final written warning or

• termination (including termination without notice in the event of serious misconduct).

There may also be occasions where disciplinary action warrants suspension. Ordinarily a disciplinary outcome will be provided after:

• a meeting with you has taken place to discuss the issues allegedly involved (and at which you are

entitled to have a support person)

• you have had the opportunity to respond to the allegations and

• we have considered your response and any mitigating factors.

We retain discretion in respect of the disciplinary procedures to take account of your length of service and the severity of the misconduct to vary the procedures accordingly. If you have a short amount of service, you may not be in receipt of any warnings before termination.

Where a disciplinary outcome has been provided, any future or further breach of the rules in relation to similar or entirely independent matters of misconduct may be subject to further disciplinary action and allow the continuation of the disciplinary process through to termination if the warnings do not change behaviour.

GENERAL NOTES

If you are in a supervisory or managerial position then demotion to a lower status at the appropriate rate of pay may be considered as an alternative to termination, except in cases of serious misconduct.

Serious misconduct offences will result in termination without notice.

Employee Termination Policy

RESIGNATIONS

All resignations must be provided in writing, stating the reason for resigning your post.

FAILURE TO PROVIDE REQUIRED NOTICE

If you terminate your employment without providing the required period of notice, you may not be entitled to your full termination pay. Depending on the terms of your employment contract and any other terms governing your employment relationship, an amount may be withheld from your termination pay that is equivalent to all or part of the notice not provided.

EMPLOYMENT REFERENCES

All requests for employment references should be directed to management in the first instance. Employees of the company are not permitted to provide employment references for ex or current employees without the express consent from management. The Employer may provide you with a Statement of Service on request.

RETURN OF EMPLOYER PROPERTY

On the termination of your employment, you must return all Employer property which is in your possession or for which you have responsibility. Failure to return such items within seven days will result in the cost of the items being deducted from any monies outstanding to you.

All Employer property should be returned to management.

RETURN OF COMPANY PROPERTY

On termination of your employment, you must return any Employer property in your possession to our premises. Failure to return the vehicle will result in the cost of its recovery being deducted from any monies outstanding to you.

GARDEN LEAVE

If either you or the Employer serves notice on the other to terminate your employment, the Employer may require you to take “garden leave” for all or part of the remaining period of your employment. Where garden leave is directed, you will be required to serve your notice period at home and will not undertake any duties relating to your employment.

During any period of garden leave you will continue to receive your full salary and any other contractual benefits. The Employer reserves the right to require you to return to work during any period of garden leave.

You are still engaged as an employee while serving any period of notice on garden leave. As such, unless expressly authorised by the Employer, you are not permitted to undertake any secondary employment during this time. Further, the Employer may require you to return any Employer property in your possession while on garden leave.

Forms and Registers

Document Number	Document Name

Amendment Record

Issue#: 1 Issue Date: 13/7/2022

Rev#	Date	Section#	Para.#	Description of Change	Prepared By	Approved By
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Disclaimer: This documentcontains material to assist in meeting environmental management, Work Health and Safety and Quality obligations under the International Standard ISO AS/NZS ISO 9001:2016,14001:2016 and other legislative bodies. This document contains material sourced from Safe Work Australia. Any such material remains subject to copyright © Commonwealth of Australia. https://www.safeworkaustralia.gov.au/copyright. Although every effort has been made to ensure the accuracy of this information at the time of publication, it is provided as guidance only and does not provide legal advice on meeting your obligations. This document and its contents are © A2Z services 2018 and or the originating source authors and no permission is given for its duplication or copying, in part or in its entirety, for use outside its original purposes as stated within the company.