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How to prepare Employee Disciplinary Action

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About Employee Disciplinary Action

The following policies will help you handle complaints, take disciplinary actions, and prevent your employees from getting in trouble with the law.

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FAQ - Employee Disciplinary Action

What is the purpose of Employee Disciplinary Action?
Disciplinary actions should be employed only when appropriate: When the employee has engaged in activity that can be regarded as illegal under the law In the absence of any other method and appropriate to the situation When the employee has taken a position in which they are likely to be a liability When the actions of the employee in question can be easily understood by employers In the public interest Where there may be public outrage and serious inconvenience to others Disciplinary actions taken against employees (other than those who are dismissed) are also subject to the following conditions and restrictions: The same conduct must be considered as grounds for disciplinary action. Where it is clearly established that one or more of the grounds must be proven, the employer must proceed to a full disciplinary hearing where, at any stage, the employee has an opportunity to appear and to give evidence (except matters in which the employee's privacy can be protected). If the full disciplinary tribunal has the power to refer a matter for the criminal justice system, the Tribunal shall proceed to an appropriate criminal procedure in accordance with section 14 of the Criminal Procedure Act 1979. Where the employee is subject to a penalty or sanctions order and he or she denies the allegation against him or her, the disciplinary proceeding must be dismissed. When a formal disciplinary charge has been made, the employee may object to the making of a formal disciplinary charge, with or without prejudice to the outcome of the disciplinary proceeding. This has no force of law. If a charge has been made, but it is later proved that the conduct has not been unlawful, any disciplinary action that involves termination may not follow. Section 18 Disciplinary charges A disciplinary charge can be lodged against an employee by the employer. If the employee is already considered to be entitled to be discharged on a proper disciplinary charge, there is no charge or disciplinary proceedings are not taken. Where an employee has made a voluntary admission of liability under subsection 4AA(1) of the Act and where the charge is not dismissed, the disciplinary proceeding will still proceed, provided any evidence produced at the hearing is not made available to the other person (including the employer of the employee), but the employee can take the evidence into account. There are two types of disciplinary charges: A formal disciplinary charge A disciplinary penalty or punitive measure.
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