If you need to take action over employees' unsatisfactory work performance or conduct, but dismissal is not justified, your options include:
- counselling
- discipline
- warnings
- suspension
- fines or withholding pay.
Suspension, either with or without pay, and fines or withholding pay can only be used if an award, agreement or individual contract specifically provides for them to occur.
It is important to choose the action that is appropriate to the circumstances of each case, as the aim should be to improve performance or prevent a recurrence of unsatisfactory conduct, rather than to administer 'punishment'.
Disciplinary action may be appropriate where counselling has been unsuccessful and/or where the situation is more serious, but not bad enough to justify dismissal.
Making a decision
A decision whether to discipline should be based on the answers to the following questions:
- How serious is the impact of the employee's action: is it dangerous or illegal, how costly is it, how likely is it to affect the reputation of the business? Serious and/or wilful misconduct may justify dismissal instead, depending on the circumstances.
- What impact does it have on other employees?
- Will they be encouraged to follow the employee’s example? (For example, conduct by a manager may be more serious for this reason.)
- How fundamental is the conduct to competency of the employee’s basic job performance?
- What action has been taken in similar situations in the past?
- Has the employee shown a serious disrespect for the employee and its managers?
- What were the reasons for the employee’s behaviour? For example, causing accidental damage and attempting to conceal it, or a one-off 'rage' incident triggered by outside-work causes may both justify disciplinary action, but are less serious events than damage or incidents caused by malice, incompetence and negligence. In the latter cases, there would appear to be less chance of disciplinary action being an effective deterrent.
The individual employee and his/her previous performance and record are also relevant. For example, the longer the employee’s length of service and the better his/her past record is, the more likely that counselling is likely to be a better approach than discipline.
Alternatively, the worse the record, the more severe the form of discipline should be. That said, you need to maintain a fair and consistent approach overall.
The aim of disciplinary action is to prevent a recurrence of the situation, not to inflict punishment or revenge. It has to be appropriate to the situation and the individual.
What discipline involves
Discipline can take various forms. Common ones include:
- official warnings
- written reprimands
- suspension of employment (where permitted)
- withdrawal of various entitlements or 'privileges'.
It may be a step along the way towards dismissal if there are recurrences – in which case you need to make this clear at the time.
Discipline should not be applied until the usual steps of procedural fairness are complied with. This should include:
- investigation of issue
- collection of evidence
- providing opportunity for employee to respond
- having witnesses present at interviews.
Any disciplinary action should be notified in writing to the employee, with details placed on his/her employment record. The documentation should set out what steps will follow in the event of any recurrence.
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