Industrial Relations Report
Performance management, disciplinary action and the correct process
addressing the issue is by using an informal method. This could include informal discussions or counselling, providing further training and development or providing an employee with a position description and/or hotel policy that clearly outlines what is expected of them in regards to the behaviour that has raised the need for review. By undertaking such a process, the employee becomes aware that there is an issue and at the same time is provided with an opportunity to fix the problem before the formal disciplinary process is engaged. A written record of any informal process used should be kept on the employees personnel file. Formal disciplinary process The formal disciplinary process should commence when informal avenues have been exhausted or where the incident or performance issue is deemed to be of a serious nature. As mentioned earlier this should occur as soon as possible after the employer has been made aware of the issue, not doing so may be seen as condoning the behaviour and may limit the ability to effectively manage the problem. In accordance with the principles of procedural fairness as contained at s 387 of the Fair Work Act 2009 (Cth), the following steps should be taken: 1. The employee needs to be made aware of the issue or allegation as soon as possible after it has occurred and before a decision to terminate is made by the employer The employee should be notified that the employer has been made aware of the issue(s) or allegation(s) and a meeting will be held to discuss them. The employee should be given reasonable notice of the meeting (ie 24 hours). At this time the employee should be advised that depending on the outcome of the investigation and their responses, it may result in their employment being terminated or other disciplinary action being taken. If the issue or allegation is of a serious nature that may warrant dismissal, instant or otherwise, the employee should be suspended on full pay whilst an investigation into the incident is undertaken. 2. The employee is to be provided the opportunity to have a support person present at any formal disciplinary meetings. This may include a representative from United Voice, a family member, friend or any other person the employee may wish to have present. An employee should be advised of this right before the meeting is held, preferably at the time they are given details of the disciplinary meeting. 3. Management conducts an investigation into the alleged incident or issue. This may involve discussions with other employees and/ or managers, reviewing CCTV footage, till receipts, gaming logs and the like. The purpose of the investigation is to gather evidence in order for the employer to be certain
It is a well known fact that one of the key components to running a successful business is having the right employees. All employees should be provided with a clear understanding from the commencement of the employment relationship as to what is required from them, including the standard of performance and behaviours that will and will not be accepted by the business. Just about every employer faces a situation whereby an employee does not meet these levels of performance or behaves in an inappropriate manner. Understanding the process of performance management and disciplinary action is therefore of particular importance to employers. The focus of this article is to reinforce the importance of performance management and the disciplinary process, including the approach that should be taken by employers faced with these sorts of issues. Early intervention An employer should address any incident of poor performance or behaviour as soon as possible after they have become aware of the incident occurring. Doing so provides the employer with an opportunity to gain an understanding of why the incident has occurred and look at options for addressing the issue, such as training. Often poor performance occurs because the employee did not have an understanding of what is expected of them as their job role was not clearly defined from the outset. Alternatively the employee may not be suited to the workplace itself or the role they have been employed to undertake, or they may exhibit behaviour(s) or traits that are deemed unacceptable by the employer. It is important to address any issues early as failure to do so not only condones the behaviour but also means what may start off as a small, easily managed problem, grows into a large, complex and perhaps costly problem to resolve. In addition it reduces the likelihood of the performance or behavioural issue occurring again. Addressing the issues An employer has the right to discipline underperforming or poorly behaved employees. They also have a duty to ensure that employees know and understand what they have been employed to do and be provided with knowledge on how to complete their tasks. Many employers however are hesitant to address issues in fear that it may result in a claim for unfair dismissal, stress or workplace bullying to name a few. In order to ensure the employer has the best opportunity to defend a claim made by an employee who has been disciplined and/or terminated, a number of steps should be followed depending on the nature, length and severity of the performance, behaviour or incident. Informal disciplinary processes Depending on the nature of the issue or incident that has occurred, an employer may find the best avenue for
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