Very few people enjoy doing the wrong thing at work, and even fewer like being told that they are doing the wrong thing at work. While disciplinary action against employees can be challenging, it is sometimes necessary in order to maintain a productive and respectful work environment.
This article provides a guide for employers on how to effectively discipline employees, without burning bridges along the way.
The Why
Discipline in the workplace is not only important for correcting inappropriate behaviour and ensuring the safety of employees, but when done effectively it can promote productivity and maintain a positive work environment.
Keeping the purpose of disciplinary action in mind can help in maintaining positive relationships between employers and employees.
The What
At its core, disciplinary action is corrective action taken in response to employees who do not meet the standards and expectations of the organisation.
An employee’s failure to meet employer standards can range from minor grievances to serious allegations. Regardless of the conduct, the consequence should be proportionate to the conduct. In other words, the more frequent or severe a breach, the more severe the disciplinary action.
Depending on the conduct in question, disciplinary action may include:
- Verbal Warnings – the first action taken in the disciplinary process is usually a verbal warning. It is generally considered to be the least severe action that can be taken and is usually used as an opportunity for the employer to explain the issue to the employee and discuss ways to improve.
- Written Warnings – if the behaviour continues or becomes more egregious, a written warning may be issued. When issuing a written warning, it is important that employers ensure the document states the nature of the breach, the date of the breach, and any action or proposed action to be taken.
- Training or Further Education – requiring an employee to undergo further training or education often accompanies a verbal or written warning. It offers an employee the opportunity to increase relevant skills or knowledge and provides employers with an objective metric to evaluate their improvement.
- Suspension or Termination – for serious and repeated violations, termination or suspension may be necessary. Unless the employee’s breach is particularly severe, or there is a real risk to the health and safety of other employees, suspension and termination should be a last resort and used only where other methods have failed.
The How
Employers should always take employee conduct concerns seriously and address them promptly. However, before taking disciplinary action, it is crucial to have a well-defined conduct framework in place. A sound framework is essential for fairness, consistency, and legal protection.
This requires employers to:
- Establish Clear Policies and Standards – what may be obvious to some may not be obvious to others, and it is difficult to discipline employees if they don’t know what is expected of them! Employers should establish a clear code of conduct that outlines the standards and behaviours expected of employees. These expectations can range from dress codes and punctuality, through to the use of company property and acceptable and unacceptable workplace behaviour.
- Determine Disciplinary Procedures – in addition to creating policies which identify expected standards of behaviour, employers must determine the procedure that will be followed in the event those policies are not followed. This procedure should identify the type of behaviour that may lead to disciplinary action, the steps that can be taken if there is a suspected breach of policy, and action that may be taken if the suspected breach is established.
- Awareness Awareness Awareness! – employers must communicate their policies to employees, make them easily accessible by uploading them to the company intranet or posting them in the break room, and should provide regular training to ensure employees understand the expected standards of behaviour.
Further Considerations
- Fair and Consistent Enforcement – disciplinary measures must be applied consistently and fairly. This means that policies and procedures should be applied to all employees equally, regardless of seniority or position, and like breaches receive like consequences. Fair and consistent enforcement will help prevent claims of favouritism and discrimination.
- Documentation – each step taken by the employer during the disciplinary process should be documented. This includes the date and nature of the breach, the steps taken when investigating the breach, the evidence gathered and responses received, and the ultimate action that is taken. Not only does proper documentation provide a record of actions taken, but it will also assist an employer in the event the employee commences legal proceedings.
- Confidentiality – employers should keep the details of any disciplinary process confidential.
Conclusion
Workplace discipline isn’t about being the ‘bad guy’. Instead, it’s about ensuring that employees understand the expected behaviours and the importance of meeting those standards. By establishing clear policies, enforcing them fairly, and documenting the process, employers can maintain positive relationships with their employees and foster a respectful workplace environment.
If you want help with an employee disciplinary matter, please reach out to Charli or Emily.
| Charli Barclay Senior Associate T: (03) 6235 5125 E: cbarclay@pageseager.com.au |
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| Emily Creak Principal M: 0400 955 183 E: ecreak@pageseager.com.au |
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Published: 2 July 2024
