Steps 7 - 8

Step Seven

Hold the meeting and record everything that is said. Read the employee the accusation/report/charge/allegation, and say.

“I must ask you now to give your account of what happened. Tell me about what happened and why”.

Record what is said, and bring the meeting to a close, i.e.

“Thank you for your account of events. This meeting is now closed. I will now consider everything that has been said and will contact you (the employee) when I have examined everything”.

Or

“I'm not happy with the explanation because it contradicts other reports I have on the events, and the sequence of events. I want to close the meeting now and seek more information/advice”.

Note: Closing the meeting at this point is critical for procedural fairness, because it allows time to consider the employee's explanation. If the explanation introduced new evidence, the adjournment would be longer than if the case is straight-forward. An adjournment may be for two days while new evidence is sought.

Say nothing more at the meeting. Close the meeting. If there is no adjournment, it could be shown later the matter was pre-determined and a successful grievance could be brought against the employer.

Your actions will now depend on the explanation presented by the employee. There are three options:

• The matter may be at an end because the explanation is satisfactory and requires no further action.
• Disciplinary action may be taken.
• A prolonged adjournment to seek more evidence.

Step Eight

If you do not require further evidence or advice call another meeting (following steps 1 - 6, excepting that the purpose is to discuss the employee's explanation). If you have found the employee's explanation to be unacceptable, say, i.e.

“Your explanation does not justify your actions and I am going to take disciplinary action against you. You will be issued with a formal written warning. You should know such actions will not be tolerated in the future and they jeopardise your employment with this organisation. This is your first/second/final warning and similar behaviour may result in your dismissal”.

Prepare a formal written warning, hand it to the employee and keep a copy on record.

Note: If you have issued two previous warnings and you are considering dismissing the employee because of further breaches, you are obliged to dismiss after another meeting. Before a dismissal takes place, tell them you are considering terminating their employment and why. Call a meeting as above and ask the employee if there is any reason why the dismissal should not take place. Terminate the meeting. Consider the evidence. Then prepare the dismissal letter, and dismiss the employee with notice.