Workplace Disciplinary Processes in Australia

Get an Experienced Brisbane Employment Lawyer

This firm assists individuals and businesses with disciplinary processes

This firm assists individuals and businesses with disciplinary processes

Disciplinary Processes

Anderson Legal assists employers and employees in dealing with disciplinary processes in the workplace.

On-Demand Resources

View our growing library of articles and webinars, which are accessible no matter the time of day or night.

Free Consultation

To understand whether this firm can assist you, Anderson Legal provides a free, no-obligation initial consultation.

Disciplinary Processes

Anderson Legal assists employers and employees in dealing with disciplinary processes in the workplace.

On-Demand Resources

View our growing library of articles and webinars, which are accessible no matter the time of day or night.

Free Consultation

To understand whether this firm can assist you, Anderson Legal provides a free, no-obligation initial consultation.

Employer Advice & Representation

Any business or organisation should have workplace disciplinary processes to ensure that when disciplinary action is contemplated, there are systems or procedures in place to ensure legal, commercial and reputational risks are managed. Failure to follow the law when dealing with disciplinary issues can give rise to successful claims against employers, in addition to other less obvious consequences.

If you are an employer or manager dealing with a disciplinary process and need advice, Anderson Legal offers practical and efficient employment law services that are tailored to the needs of every client.

For Employers
  • Complaints Handling Processes
  • Employee Misconduct
  • Employee Underperformance
  • Workplace Investigations
  • Suspension of Employment
  • Termination of Employment

Employee Advice & Representation

Facing a disciplinary process at work is incredibly stressful. It impacts reputations, relationships and livelihoods. Even for a person who knows they should be cleared, dealing with an allegation or workplace investigation can feel overwhelming.

If you are facing an allegation or issue that may result in disciplinary action, getting informed about your legal rights might be crucial to protecting your interests and avoiding unfair decisions against you. Anderson Legal provides clear, transparent disclosure of its legal costs at every stage.

For Employees
  • Litigation: Adverse Action Claims
  • Litigation: Unfair Dismissal Claims
  • Unfair Disciplinary Action
  • Unfair Written Warnings
  • Unfair Workplace Investigations
  • Unfair Workplace Suspensions

Steps in Disciplinary Processes

1. Complaint / Grievance

Formal vs Informal GrievancesGrievance Policy

2. Workplace Investigation

Steps in Workplace InvestigationsUnfair Workplace Investigations

3. Opportunity to Respond

The Importance of Procedural Fairness Responding to Grievances

4. Investigation Findings

Findings and RecommendationsSubstantiated vs Unsubstantiated

5. Disciplinary Decisions

Making Workplace Disciplinary DecisionsDisciplinary Meetings

6. Disputed Decisions

Unfair Dismissal ClaimsAdverse Action Claims

Employment Law Expertise

Employment law issues demand lawyers to possess more than just a knowledge of law and procedure. Workplace disputes and issues are generally wrapped up with considerations – reputational risks, commercial realities, and opportunity costs. An experienced employment lawyer can provide early and authoritative advice about the options available to deal with an issue and guidance with the path forward.

Anderson Legal is a Brisbane-based law firm that has the expertise and experience to provide employment law services to both employers and employees, including with respect to disciplinary processes. If you need a Brisbane employment lawyer, there are many reasons why Anderson Legal should be your preferred choice:

  • Andrew Anderson, Legal Director, is an experienced lawyer who has been independently described by the Courier Mail as “one of the best legal minds” and a “leading corporate and white-collar crime lawyer” (16 December 2021).
  • Having successfully represented litigants in the High Court of Australia, Royal Commissions, Fair Work Commission and multiple other courts dealing with trials and other hearings, Andrew Anderson has a demonstrated record of success in complex and difficult cases.
  • Prior to operating a law firm, Andrew Anderson worked as a Principal Crown Prosecutor in Queensland and barrister in private practice at 8 Petrie Terrace Chambers in Brisbane. His depth of courtroom advocacy experience ranges from straightforward employment law claims right through to complex homicide trials and appeals.
  • Anderson Legal is a law firm that is dedicated to the best ideals of the legal profession. Seeking to exceed client expectations and fighting for justice is an everyday pursuit.

The potential impact of a disciplinary process on reputations, relationships, and livelihood makes it critical to have an employment lawyer who is equal to the task. If you are an employer or employee dealing with a workplace disciplinary process and need advice or representation, contact Anderson Legal.

On-Demand Resources

View below the on-demand resources of this firm.

On-Demand Resources

View below the on-demand resources of this firm.
On-Demand Resources

On-Demand Resources

Responding to Unfair Written Warnings at WorkIn 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.Viewdisciplinary-processes employment-lawwritten-warnings
Responding to a Workplace Investigation into Bullying ComplaintsFacing 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.Viewemployment-lawworkplace-bullying workplace-investigations
Responding to a Show Cause LetterA 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.Viewdisciplinary-processes employment-lawshow-cause-letters
Responding to a Workplace Investigation into Sexual HarassmentSexual 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.Viewemployment-lawsexual-harassment workplace-investigations
Responding to False Bullying Allegations at WorkMany 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.Viewemployment-law workplace-bullyingfalse-allegations
Responding to False Sexual Harassment Allegations at WorkAnybody 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.Viewemployment-law sexual-harassmentfalse-allegations

Free Consultation

Free Consultation

Free Consultation

Can We Help?

It costs nothing but time to see if we are the right firm for your case. Contact us to see if this firm can assist you.

This firm offers a ‘free consultation’. The reason is simple – it shouldn’t cost anything for a person to pick up the phone and understand if a particular law firm can help them or not. Anderson Legal takes the time necessary to understand the issues and to determine if we are in a real position to provide the standard of advice and representation you are entitled to expect.

Our Clients

Our clients make our practice. They are the ones we worry about each day, and to whom we owe a great obligation.

Our clients often have sought out Anderson Legal because they have been told something about expertise and experience. They put their faith and trust in the work of this firm. Professional reputation follows reality and not the other way around. Andrew Anderson, Legal Director, offers our clients a proven track record of success in complex and difficult cases across all court levels, including multiple appeals before the High Court of Australia.

Cost Comparisons

Comparing lawyers is not just a question of price, but value. Backed by the experience of successful courtroom advocacy across Australia, this firm offers significant value to its clients beyond price.
It is notoriously difficult to compare lawyers. Past courtroom experience and outcomes achieved do provide some basis for comparison. Andrew Anderson has an enviable record of success in contested hearings, trials and appeals.

This firm is committed to providing premium legal services at competitive rates but the price is only one measure of value. When you face a legal issue, particularly a complex one, there are other issues to consider.

As a lawyer who has achieved significant outcomes in a variety of contexts – as a Principal Crown Prosecutor, as a barrister, and as a law firm principal – Andrew Anderson brings a different level of experience to his advice and representation as compared to most solicitors. While he routinely works with leading Queens Counsel and other specialist barristers in complex cases, his significant experience in litigating and resolving disputes in cases throughout Australia means his clients have genuine expertise available from the start.

This firm may use several fee options, either exclusively or at various stages. The purpose is to make legal fees predictable, understandable, and transparent. Options include ‘fixed fee’ agreements, ‘capped’ legal costs, and agreements where the costs are calculated on a ‘pay as you go’ basis.

Entering into costs agreements that are understandable, and transparent allows this firm to remain focused on the outcomes our clients seek.

Our Referrals

If, unfortunately, we cannot provide you with advice or representation, we will probably know who can.

The areas of law this practice handles are deliberately narrow and deep. Our deep focus on select areas of law allows this firm to handle some of the most complex and challenging cases that come before the courts.

It is not uncommon for this firm to receive enquiries we know will be better handled by others. In the interests of maintaining the highest standards, there are also occasions when cases we would otherwise welcome are declined to focus on existing clients’ needs. In such instances, we will try to identify who may be in a position to assist you.