Disciplinary Proceedings

What can my employer do if I fail to attend work for the purpose of attending a protest?

Should I engage a professional support person?

By engaging an experienced support person, an employee gives themselves the opportunity to ensure the meeting proceeds reasonably and in accordance with law.

I have been placed on a PIP and have been given unachievable targets. I feel like I have been set up to fail. What are my rights?

Performance Improvement Plans and the Fair Work Act 2009 (Cth):

Occasionally employees find themselves in a situation whereby their employer places them on a Performance Improvement Plan or PIP. While the Fair Work Act 2009 (Cth) does not provide for PIP’s directly, you may be protected in the event of an unfair dismissal,[1] and other workplace rights such as making a complaint or inquiry in relation to your employment.[2]

Am I able to record conversations with managers / other employees?

Advances in modern technology make it extremely easy to covertly record conversations in the workplace with managers or other employees. The Surveillance Devices Act 1999 (Vic) and other legal precedence set limitations on when recordings can be used to support an employee’s case.

I have been pulled into disciplinary meeting whilst on sick leave. Am I required to attend?

Find out your sick leave entitlements, and when disciplinary actions during sick leave are lawful.

I have been given a warning letter I do not agree with. Do I have to sign it and how I do contest it?

You are not required to sign a warning letter and you should certainly not do so if you consider the warning to be unjust or unreasonable.

Do I have a right to know what allegations have been made against me and a right to the investigation results?

An employee has a right to procedural fairness during an investigation process into allegations raised against him/her. This means, that the employee has a right to defend themselves against allegations made against them.

Is my support person allowed to speak or act on my behalf during a disciplinary meeting?

As an employee you are entitled to have a support person at a disciplinary meeting.  This entitlement also extends to a performance management or investigatory meeting.  In fact, the failure by an employer to allow you to have a support person present may result or add weight in a dismissal in relation to that meeting being deemed unfair due to the lack of procedural fairness.

I did not sign an employment contract, what rights do I have?

You still have extensive rights and responsibilities as an employee, even if you have never signed an employment contract. The terms and conditions of your employment can be found in 4 places:

• The National Employment Standards in the Fair Work Act 2009 (Cth);
• Any applicable industry modern award;
• An employer-specific enterprise bargaining agreement; and/or
• Rights under other pieces of legislation.

Are performance reviews mandatory?

Most employers will have a system of annual or biannual performance reviews designed to create a routine forum for feedback and performance appraisal.  Performance reviews are not strictly required by law and some employers may choose not to have a formal process of appraisal at all or may use some alternative to the classic yearly ‘sit down’ approach.

I’m a whistle-blower, am I protected by the Fair Work Act?

What is whistleblowing?

There is no universally accepted definition of whistleblowing. The term is typically used to describe the conduct of an employee who reveals information about an improper or detrimental act committed by their employer or colleague.

Can I be suspended from work before facing an inquiry or allegation?

Suspensions in the workplace

If you work in the Australian Public Service (APS), your employment is subject to the Public Service Regulations 1999. These regulations stipulate that an employee can be suspended if, firstly, there are reasonable grounds to believe that the employee has, or may have, breached the code of conduct, and secondly, it is in the interest of the public or Agency.