Disciplinary Processes – Questions, Tips, and Initial Advice

Summary

Disciplinary processes address alleged misconduct or performance concerns. Employees are entitled to procedural fairness, including clear notice of allegations with specific details provided in advance of any meeting, a fair opportunity to respond, and the right to a support person. Issues often involve inadequate notice, unclear allegations, failure to allow a support person, unreasonable surveillance, or suspension without pay.

Questions

• What issue has been raised and how do you know?
• Have allegations been formalised in a letter?
• Meeting invitation details; support person arranged?
• Witnesses and sufficiency of information to respond?
• Working or suspended (with/without pay)?
• Applicable policies (disciplinary, investigations, surveillance).

Preliminary Advice

If not formalised

• Request invitation and a letter detailing allegations before any meeting.
• Ask employer to confirm in writing if addressing concerns informally.
• Non‑formal warnings should not count towards termination risk (unless unfair dismissal access excluded).

If formalised

• Seek extensions if < 24 hours to respond/attend or in any case where more time would be expected or helpful for the member.
  
• Ask member for their understanding of the circumstances and whether they engaged in the alleged conduct.
• Prepare written responses to each allegation as if the response was going to be in writing; stay factual; ask for documents relied upon. This allows you to understand the members position clearly.
  

Things to Remember

• Procedural fairness requires clear and specific allegations, notice, support person, and fair process. Make sure you document clearly any suspected breaches of procedural fairness and make sure the employer is aware of the concerns.
• Suspension without pay is exceptional—escalate to your IO immediately.
• For CCTV reliance, ask for evidence of compliance with Part 2 of the Workplace Surveillance Act 2005 (s10 and either s11/12/13).
  
• Always ask for the footage prior to the meeting as if it was part of the letter, or seek a separate meeting just to review the footage prior to a meeting scheduled at a later date.
• Leave (especially sick leave) often pauses the investigation process but not in all cases. Members getting medical evidence that also states they are unfit to engage in the investigation process can assist.
• Resignation in almost all circumstances will forfeit unfair dismissal rights—seek advice first.
  
• In NSW Health, investigations (starting from the date allegation are received often for an initial review) are recommended to resolve in 12 weeks (60 business days). Apply pressure to management to provide consistent updates if this timeframe is exceeded. 

Escalation/Referral

• Industrial Officer: Suspension without pay; show‑cause/serious misconduct; termination risk, complex surveillance matters;
• Supervisor/MSD Manager: Support person/document preparation.

Copy–Paste Email Templates

Formalise Allegations (Member to Manager)

Subject: Request for Details of Allegations and Meeting Invitation

Dear [Manager],

Please provide a written invitation and a letter outlining the specific allegations so I can prepare a response. I also request a reasonable extension to review the materials and arrange a support person.

Kind regards,
[Name]
[Role]

Extension Request (Short Notice)

Subject: Request for Extension to Respond/Attend Meeting

Dear [Manager],

I received notice of the meeting/allegations on [date/time]. Given the short notice, I request an extension of [x business days] to review the materials and prepare a response. I will confirm availability once I have done so.

Kind regards,
[Name]
[Role]