Managers Guide - Disciplinary Process (Making a Decision)

Managers Guide - Disciplinary Process (Making a Decision)



Applies to: All Torpedo7 team

Overview

Once all the allegations have been discussed fully you will need to take an adjournment to make a decision about the outcome of the meeting. You should have already been in contact with People Support and should call them during the adjournment to work through your decision. If a final decision being considered is dismissal, you must discuss this with the PS Experience Partner/PS Service Partner dealing with your case. As the manager who has heard all the evidence in person, you are the decision maker. Do not go back into the meeting and say “I’ve spoken to X and they say I’ve got to dismiss you”. Own your decision.


Steps 

1. When you are ready to make a decision consider the following:

  • Firstly ask yourself: "did the behaviour amount to misconduct?"  (Not just because it breached a House Rule)
*If yes, then turn your mind to the penalty - First or final warning
*If dismissal is what you want to do then ask yourself why – 2 past warnings; past behaviour; the seriousness of the conduct; length of service; the loss of trust and confidence and why you could never trust the person again.
  • Ask yourself: “What makes you think this will happen again?”
  • It is also valid to take into account the impact on the rest of the team if you are seen to condone misconduct but you must consider each case on its merits.
  • Take your time over this. Do not let yourself be hurried by representatives. If you want to consider it overnight then do so - especially if the outcome being considered is dismissal. If you go back in after a very short adjournment or with no adjournment at all you may find yourself later facing accusations that you predetermined the matter and did not consider the explanation at all.
  • When you are explaining your decision you can refer to past expired warnings as well as current ones to show a pattern of behavior
            * Expired warnings do not form part of the progressive warning system i.e. first and final, but may help illustrate behaviour has not been corrected (ie the team member had a warning on the                       same matter 2 years ago and the correct process was discussed then). This is especially useful if the team member denies they knew the correct process or had ever been told it. 
            * At times you will face a conflict of evidence eg team member denies they said something, witness is adamant they did. Check and recheck with witnesses and anyone else who was in the                         area at the time. Sometimes you will just have to make have to make a call on who you believe, based on balance of probability.

2. Once you have consulted with People Support and are comfortable with your decision, you can reconvene the meeting. 
  • If your decision is no warning:
            * If the team member's explanation revealed that there has been a misunderstanding, or the poor performance is due to reasonable external factors, advise the team member that no                               action will be taken and why it was necessary to have a disciplinary meeting in the first place. If non-work issues are the cause, arrange leave, support or contact OCP as necessary. 
            * Place all documents created on their file
            * Ensure if you offer training/coaching then you do follow through and make this happen

  • If you want to give a warning or dismiss:
         * Advise the team member of your preliminary decision
         * By delivering a preliminary decision it gives the team member a chance to have their say on what they consider to be the right penalty.That does not mean you have to agree with this but                    that you have considered it before you made your final decision. 
         * Ask the Team member if they have any comments on that decision. You could ask if time is wanted to consider and if there is anything else they want to add before a final decision is                            made. Possible comments could be:
- I won’t do it again
- I’ve worked here for 9 years
- I’ve never done anything like this before
- I’ve never been trained
- I didn’t know I couldn’t do this
- Other people do it
3. Once you have considered any comments, confirm your final decision.
  • If there are no comments on your preliminary decision, you can confirm your final decision with the Team Member
  • If there are comments then take another adjournment to consider them
         * When you reconvene, make sure that when you confirm your final decision you show that you have taken their comments into account.

  • Explain what the decision means (ie how long the warning is for and that the warning will be placed on personal file etc).
  • Explain the process moving forward ie if dismissal, the team member will need to return his/her uniform and clear out the locker.
  • Cover the confidentiality of disciplinary setting and that the team member should not discuss it with the rest of team etc.
  • Get the notes signed by the team member.
  • Make arrangements as needed/appropriate for coaching, support. 
  • Prepare confirmation of the disciplinary action and what improvement is required; what learning activities and performance/behaviour changes are required and when these will be reviewed (if applicable). 
  • Use First Warning Letter Template or Final Warning Letter or Dismissal Template attached.

4. A note on dismissal:
    If dismissal as the result of a series of warnings it is ‘with notice’: so the team member must be paid for the relevant notice period as per their contract. 
  • You have the option to pay the team member in lieu of notice.
  • You can tell your team that the team member has finished work, but the details of the meetings and reasons remain confidential.
  • Prepare termination documents:  Advise Payroll, so that a final pay can be arranged that day.  Complete Cessation Form on My Pay.

5. Place all relevant documents on the team members file

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