22. Disciplinary action principles

Promptness

Take action as soon as possible after the event.

Impartiality

The person taking the disciplinary action must be impartial. Ideally, they would not have been involved in the incident in question.

Consistency

Similar offences should generally incur similar disciplinary action.

Non-Punitiveness

Disciplinary action must not be a form of punishment or revenge, it’s purpose is to prevent recurrence.

Fairness

The degree of discipline must be related to the nature of the offence. The employee's work record, the circumstances and any justifying factors should be taken into account. The procedure used in each case must be fair and should follow the principles of 'natural justice' (Natural justice is simply that the employee is given the opportunity to be heard and the person making the decision is impartial).

Procedural Fairness

Consistent actions for the like situations.
Right to respond. To question employer's or witness' statements and questions.
Both sides having equal rights.
Working to agreed policies and procedures.
Acting promptly.
Respecting confidentiality.
Sense of natural justice.
Communicating openly.
Delegated authority to act.
Opportunity to have support/representation.
Right to remedy poor performance.
An impartial decision maker.
Agreed outcomes.
Agreed timeframes.

Accurate records must be kept. This is essential to prove you have acted procedurally fairly.

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