that the incident did in fact occur. 4. The employee is provided with an opportunity to respond to the allegation(s) At the formal meeting the employee should be advised of the precise nature of the issue(s), including the gap between the actual behaviour/performance and the required behaviour/performance. The employee must be provided with an opportunity to respond to these issues before a decision to terminate, discipline or not discpline has been made. 5. The employer considers the employees response and the level of action required. After the meeting the employer should assess the employees responses to the issues raised to determine whether or not they were adequate in the circumstances. Things that should be taken into account by the employer include whether the person has previously been warned about a similar issue and the seriousness of the current incident. There is no magic number when it comes to the number of formal warnings that an employee should have received prior to termination. Rather it is left to the employer to judge as to what is reasonable in the circumstances. However, any venue disciplinary policy should be referred too and followed. What is reasonable will depend on a number of factors including things such as whether a prior warning was for the same or different issues, the length of time between warnings and the length of service. Where the employees’ conduct is deemed to be of such a serious nature that it warrants instant dismissal, these factors do not need to be taken into account. Such conduct may include theft, fraud or assault.
6. The employee should be advised of the outcome As outlined the employee should not be advised of the outcome during the meeting, rather it should occur after the employer has had a reasonable opportunity to assess the employees responses. A further meeting should be held with the employee to advise them of the outcome whether it be termination, a formal warning or no further action. The employee should be provided with confirmation of this outcome in writing. Why is it important Following this process will not prevent an employee from lodging a claim for unfair dismissal. However, if the employer can prove that the correct process was followed, as per s 387 of the Fair Work Act 2009 (Cth), it will be of assistance during proceedings for such claim and may result in the employees claim being unsuccessful. Other things to take into account When determining the approach that will be taken towards and during any disciplinary process there are a number of factors that should be taken into consideration. If a Hotel Policy includes the steps that will be followed in the event of disciplinary action, such as the number and types of warnings that will be provided prior to termination, this should be followed in conjunction with the principles outlined above. In addition the termination clause in an employees’ Contract of Employment should be referred too. Members with any queries regarding performance management and/or disciplinary action should contact the THA.
Introducing....
Merv Saltmarsh
The THA would like to introduce to our members, and formally welcome to the team, Merv Saltmarsh who is taking up the recently vacated role of IR/HR Manager after Alan was sadly forced to resign due to ill health. Merv brings with him, extensive experience and knowledge in both IR and HR fields having worked for the likes of Cricket Tasmania, Asia Pacific Mancala Mining Services and Compass Group just to name a few and in roles such as IR and HR Manager, General Manager, Senior IR Advisor and Board Member. Merv has a proven track record of leadership, passion and drive and these traits and his experience, will be of great benefit to our members. An active sportsperson and a family man who loves to travel, Merv is keen to hit the ground running and will be in touch with all of our members in the coming weeks. Welcome to the THA Merv.
December 2016
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