Grievance and Disciplinary Process

Employee-related hearings that require formal action tend to relate to conduct and include grievances, disciplinaries and bullying.  As investigations can be loaded and drawn-out processes, many employers and HR departments require assistance. That’s where an impartial and independent external HR Hearing Officer from HR Key can help. 

The workplace commissions have published  a Code of Practice with the aim to provide guidance to employers, employees and their representatives on the general principles which apply in the operation of grievance and disciplinary procedures.

 A grievance process is designed to give employees and employers a fair and objective system to raise and review serious issues and complaints without bias. A formal grievance procedure should support employees to raise concerns relating to a safe working environment without the fear of any negative repercussions. 

What should an employer do then if a workplace issue requires investigation?

Workplace investigations have been examined extensively by the courts and judgments handed down by both the High Court and the Supreme Court include important information for employers who need to conduct a workplace investigation. Based on these decisions, the following advice will help reduce the risk of an employee querying the legality of your investigation process.

• Establish terms of reference
• Legal representation at investigation stage - should you allow it?
• Taking witness evidence
• What if a separate investigation is underway?
• Ensure the investigation complies with fair procedures

A disciplinary procedure is a clear process enabling employers to address issues of misconduct that might be committed by employees during the course of their employment. 

The consequences of a departure from the rules and employment requirements of the organisation should be clearly set out in procedures, particularly in respect of breaches of discipline which if proved would warrant suspension or dismissal. Disciplinary action may include:

• A verbal warning
• A written warning
• A final written warning
• Suspension without pay
• Transfer to another task, or section of the enterprise
• Demotion
• Some other appropriate disciplinary action short of dismissal
• Dismissal.

Generally, the steps in the procedure will be progressive, for example, an oral warning, a written warning, a final written warning, and dismissal. However, there may be instances where more serious action, including dismissal, is warranted at an earlier stage. 

HR Key can work with you develop a disciplinary procedure or audit your current processes, as well as lead out disciplinary hearings and outcomes acting on behalf of the organization.

 For expert advice on workplace investigations and hearings, speak with one of our employment law experts, contact us by pressing the below contact button.