Disciplinary Processes – Questions, Tips, and Initial Advice

Disciplinary Processes – Questions, Tips, and Initial Advice

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]

General Advice Email template to Members (specifically for pre-existing members, adjust for members we are supporting) 

Dear [Member Name]

I refer to your request for assistance regarding an ongoing disciplinary, as this matter is pre-existing your membership we unfortunately cannot provide direct representation on this matter. 

We can provide some general advice to help you get through the process, below are some steps we recommend you consider helping you prepare and ensure the process is fair and transparent.

Before the meeting

  • Request the allegations in writing (if you have not already received them). This should include:
    • The specific allegations or concerns
    • Any policies or procedures being relied upon
    • Any evidence the employer intends to refer to
      Having this information in advance allows you to properly prepare.
  • Ask for reasonable time to prepare if the meeting has been scheduled at short notice.
  • Review any relevant workplace policies (for example, disciplinary procedures or codes of conduct).
  • Prepare notes addressing each allegation, focusing on facts, dates, and any relevant context.
  • Gather any supporting documents (emails, rosters, medical certificates, performance feedback, etc.).

Support person

  • You are generally entitled to have a support person present at a disciplinary meeting.
  • A support person’s role is to your witness to what’s occurred, provide emotional support, and can advocate for procedural fairness concerns. They cannot respond to the allegations on your behalf.

During the meeting

  • Take notes, or ask if the meeting will be minuted and whether you can receive a copy. It’s a good idea to have your support person take notes as you will be focused on responding.
  • If you do not understand a question, ask for it to be clarified.
  • If you are unsure how to respond, it is reasonable to say that you need time to consider the question.
  • If you feel you need more information to respond, ask for it. If they refuse to provide it make a clear note of this.
  • You can request a break if you feel overwhelmed.

After the meeting

  • Ask for confirmation of the next steps and timeframes.
  • If any outcomes or warnings are issued, request these in writing.
  • Do not feel pressured to agree with any summary if you disagree with it.

At this stage, this will be the limit of the advice we can provide.

Regards
[MSO Detials}


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