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Navigating Disciplinary Procedures: The Importance of Adhering to Your Code of Conduct
Recent cases have underscored the critical importance of following your organisation's Code of Conduct Policy when undertaking formal disciplinary actions, especially in cases leading to employee dismissal. Failure to adhere to established disciplinary procedures can result in warnings being deemed invalid or dismissals being overturned on procedural grounds.
Understanding the Code of Conduct Policy
A Code of Conduct Policy delineates the behavioural and performance expectations set by an employer. It categorises offences into misconduct and serious misconduct, outlining the corresponding disciplinary actions, which may range from warnings to termination of employment. Importantly, the policy should detail the disciplinary process, including the steps involved in addressing alleged breaches.
The Necessity of a Fair Process
Employers are obligated to follow a fair and thorough process when considering disciplinary actions. This involves:
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Clearly communicating the concerns to the employee.
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Providing all relevant information and the potential consequences.
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Allowing the employee a reasonable opportunity to respond.
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Genuinely considering the employee's explanations before making a decision.
Neglecting these steps can lead to findings of unjustified dismissal, even if the underlying reasons for the disciplinary action are valid.
Common Pitfalls in Disciplinary Procedures
Employers often encounter issues when:
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Issuing verbal warnings without proper documentation.
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Failing to inform employees of their right to a support person during meetings.
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Not conducting a sufficient investigation before taking action.
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Making decisions without providing the employee an opportunity to respond.
Such oversights can render disciplinary actions unjustifiable.
For more information on how to navigate this issue, contact us at hradvice@cecc.org.nz.
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