Disciplinary Processes and Investigations

As in most employment law matters, record keeping is so important when considering disciplinary processes and investigations.

For example, has the employee signed a code of conduct or other relevant policy? Is there a clear written job description with key performance indicators? Has reasonable performance management action been taken, and failed to produce a result?

Sometimes, the conduct complained of is such that an external person should be engaged to conduct an investigation. Engaging a solicitor at ALG enables that process to be undertaken under the protection of legal professional privilege, and this is well worthwhile when, for example, a less senior person complains of sexual harassment by a senior person.

In these processes, your Employment Agreement and policies guide the process. They must be followed – a failure to follow them can lead to an allegation of a lack of procedural fairness. Witnesses need to be interviewed independently. Facts and documents need to be gathered. Allegations need to be put in writing and there has to be an opportunity to respond to them. Only then should action be taken.

Access Law Group has been assisting employees and employers in the conduct of investigations and disciplinary processes since 2002. Our experience is invaluable. Our commitment to an ethical and supportive process enables outcomes without burning ‘bridges’. We advise you on risks, commercial outcomes, and the legal process. At all times we act for you whilst keeping your interests, not your positions, as the top priority.

Contact ALG today. Let us guide you through an investigation or disciplinary process.