Disciplinary action
Sometimes, an employer might need to raise more serious concerns with an employee.
In these cases, the employer may wish to commence “disciplinary action”. “Disciplinary action” can take many forms. It should be seen primarily as a corrective measure, aimed at preventing further misconduct or poor performance. The most common types of disciplinary action are warnings and, in serious cases, dismissal. However, disciplinary action can sometimes mean suspension from work, or the removal of certain privileges, or, in rare instances, demotion.
To be lawful, disciplinary action or dismissal must be fair and reasonable in all the circumstances (with some limited exceptions). There are two aspects to this:
- The employer must have good reason for the dismissal or disciplinary action, and
- The employer must follow a fair process in reaching and implementing its decision.
