Steps in Disciplinary Processes
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|Workplace Investigation Options||The different types of workplace investigations reflect the differing needs employers have in investigating issues in the workplace. Understanding the role and purpose of different types of workplace investigations is critical for business operators and managers, as inapt investigations can lead to unnecessary disputes.||View||disciplinary-processes workplace-investigations||workplace-investigations|
|Managing Employee Recruitment Risks – Australia||The legal risks for employers during recruitment processes are not always fully considered until an issue emerges. Risks are present at every stage of the recruitment process, from the nature of the role itself to advertising, interviewing, selecting, and agreeing on an employment contract.||View||employment-contracts||recruitment|
|Steps in Workplace Investigations||The steps in workplace investigations relate to procedural fairness. In Australia, disciplinary decisions based on unfair workplace investigations may be challenged and decisions reversed. The risk of an unfair workplace investigation derailing a disciplinary process may be minimised by early advice from an experienced employment lawyer.||View||disciplinary-processes workplace-investigations||workplace-investigations|
|Unfair Dismissal Claims – Success Rates & Outcomes||If an unfair dismissal claim is successful, the Fair Work Commission may order a person's reinstatement or the payment of compensation. The decision as to whether reinstatement or compensation is awarded is a discretionary decision based on what the Commission considers to be just outcome.||View||employment-law||unfair-dismissal-claims|
|Summary Dismissal||Except in cases of serious misconduct, most employers are required to give notice to employees if they are dismissed from their job. The applicable notice period can vary based on the length of service, age of the employee, and may be extended by agreement under an employment contract.||View||disciplinary-processes employment-contracts||summary-dismissal|
|National Employment Standards – NES||In Australia, 11 minimum employment entitlements must be provided to all employees covered by the National Employment Standards (NES). These 11 minimum employment entitlements will protect full-time and part-time employees if their job falls under the national workplace relations system (i.e., Fair Work Act 2009 (Cth)).||View||employment-contracts||national-employment-standards|
|Workplace Probation Periods||Probation periods are standard in employment contracts in Australia. The fact that they are common should not mean that employers or employees should 'take as a given' their purpose or consequences. Probation period clauses in employment contracts vary, meaning they should always be reviewed and understood.||View||employment-contracts||probation-periods|
|Responding to False Sexual Harassment Allegations at Work||Anybody who believes they are subject to false or wrongful sexual harassment allegations should get urgent legal advice due to the potential consequences of such claims. Employers may be vicariously liable for sexual harassment that occurs in a workplace unless they have taken "all reasonable steps" to prevent it.||View||employment-law sexual-harassment||false-allegations|
|Responding to False Bullying Allegations at Work||Many people who face bullying complaints at work are managers in one form or another. However described, executives, managers, or small business owners all have as part of their role the task of managing the conduct and performance of others. It is not uncommon for performance management issues to lead to allegations of bullying.||View||employment-law workplace-bullying||false-allegations|
|Responding to a Show Cause Letter||A show cause letter is meant to provide an employee with an opportunity to explain (show cause) why they should not face disciplinary action within the workplace. The failure to give employees a chance to 'show cause' why the disciplinary action is unjustified can see decisions overturned or compensation awarded.||View||disciplinary-processes employment-law||show-cause-letters|
|Responding to a Workplace Investigation into Bullying Complaints||Facing a workplace investigation into a workplace bullying complaint can leave people feeling stressed, uncertain and isolated. Getting informed about how you may respond to a workplace bullying complaint, as well as your rights, responsibilities and options is essential for anybody facing an issue of this kind.||View||workplace-bullying workplace-investigations||workplace-bullying workplace-investigations|
|Responding to a Workplace Investigation into Sexual Harassment||Sexual harassment complaints often result in formal workplace investigations. Generally, Australian laws define sexual harassment as involving (1) unwelcome conduct of a sexual nature; (2) the conduct leaves the person feeling offended, humiliated or intimidated; and, (3) the reaction of the person is reasonable in the circumstances.||View||sexual-harassment workplace-investigations||sexual-harassment workplace-investigations|
|Responding to Unfair Written Warnings at Work||In Australia, employers may issue a written warning to ensure procedural fairness. The failure to give employees a chance to fix underperformance or some misconduct can see successful unfair dismissal claims made against employers. An unfair written warning may afford no protection against an unfair dismissal claim.||View||disciplinary-processes employment-law||written-warnings|
|Workplace Grievance Examples||An employee may raise a workplace grievance with their employer if they have suffered an alleged violation of their rights or entitlements due to the conduct or decisions of another person. It may relate to a breach of law, standards, awards, agreements or workplace policies, which the employee considers unjustified, unfair, or unreasonable.||View||disciplinary-processes||grievances procedure|
|Steps in a Disciplinary Process||The steps in disciplinary processes relate to procedural fairness. In Australia, unfair disciplinary processes may be challenged and decisions reversed. Employers and employees both face risks when dealing with a disciplinary process, which may be minimised by early advice and assistance from an experienced employment lawyer.||View||disciplinary-processes||procedure|
|Grievance Handling Policy||A grievance policy explains the process and procedure followed by a business or organisation to resolve grievances or complaints against an employee. A grievance handling policy ought to outline the standard procedures for expeditiously resolving complaints and set out the rights and responsibilities of employees at every level.||View||disciplinary-processes||grievances procedure|
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