Workplace Relations & Employment Law

10 Rules for Executives to Follow When

Confronted with a Disciplinary Meeting

September, 2014

Legal Disclaimer

This presentation is offered for general information

purposes only. It does not constitute specific legal

advice or opinion. You should not act or rely upon any

of the information contained within this seminar

without seeking the advice of a qualified solicitor who

specialises in the particular area of expertise and

jurisdiction that you require.

Presentation Outline

1. Seek Clarification From Manager 8

2. Ensure Meeting is Documented 10

3. Refuse to Allow Audio or Video Recording 12

4. Don’t Buckle Under Pressure 13

5. Answer Questions Carefully 15

6. Avoid Open Admissions 18

7. Request Agenda & Be Prepared 19

8. Don’t Assume You’ll Have a Claim 21

9. Don’t Let Yourself Get Emotional 22

10. Request to Know the Outcome 24

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Introduction

Disciplinary meetings can be stressful and

demanding for both executive employees and

employers.

Many employees have never had to attend a

disciplinary meeting and

many employers have

never had to conduct one.

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Introduction

In these circumstances, where one or both parties

are inexperienced, it is common for either party to

make rash, emotionally-fuelled statements and

decisions that could have legal implications they

won’t be aware of until it’s too late.

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Introduction

This is why it’s important for both parties to remain

calm, consider what they say carefully and keep

their wits about them throughout the meeting.

To help executives prepare for their disciplinary

meeting, and minimise the risk of doing or saying

something that could have negative legal

repercussions, we have prepared a list of 10 rules

for them to follow when they are confronted with

attending a disciplinary meeting.

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Introduction

By following these 10 rules, executives will be

making it easier for their lawyer to represent them

(should the need arise) and ensuring their

employer does not take advantage of them.

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1. Seek Clarification From Manager

Seek clarification from your manager about whether

the meeting is disciplinary or operational.

Managers have been known to conduct operational

meetings that turn into disciplinary meetings

(planned or unplanned).

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1. Seek Clarification From Manager

In these situations it is your right as an employee

to ask for an adjournment, in order to allow you to

properly prepare for the disciplinary meeting and

possibly arrange for a support person to be present.

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2. Ensure Meeting is Documented

Everything that is said within the meeting needs to

be documented in case legal action is taken by

either party.

Therefore it is vital that you ensure proper minutes

of the meeting are taken by a third party. The

minutes should be prepared and sent to both

parties once the meeting has concluded.

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2. Ensure Meeting is Documented

You could also ask your

support person to take

notes to ensure everything

is captured and this

enables you to focus on

the discussion.

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3. Refuse to Allow Audio or Video Recording

If the employer suggests they would like to have the

meeting either audio or video recorded, you should

refuse.

Employers who control the recording of a meeting

have the ability to edit the recording at a later date.

Also, even if you refuse, recording devices might

still be present so it helps to be mindful

and always act appropriately.

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4. Don’t Buckle Under Pressure

Employers have been known to seek a quick end to

the disciplinary meeting by pressuring executives

into resignation, a demotion (or pay cut) or a

change of duties.

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4. Don’t Buckle Under Pressure

It is your right as an employee to take the time to

carefully consider any offer and as such you do not

have to provide an answer immediately.

If you find yourself being pressured you should

refuse the offer and seek urgent legal counsel.

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5. Answer Questions Carefully

Your employer has the right to ask you a series of

questions relating to your performance and/or

conduct that has resulted in the need to have a

disciplinary meeting.

If any relevant questions are

asked you should reply to them

using properly considered answers.

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5. Answer Questions Carefully

If you refuse to answer these

questions this could reflect

badly on you if the matter is

taken further.

However, do not voluntarily

offer up additional information

that is not related to the

questions being asked.

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5. Answer Questions Carefully

If you do this the employer gains the right to ask

additional questions related to the information you

have presented.

The only exception to this rule is if the matter is of a

criminal nature.

If this is the case you should decline to answer all

questions until you have had proper legal advice

from a Criminal Lawyer (call us).

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6. Avoid Open Admissions

Where possible it is best to avoid open admissions.

Instead, you should try and deflect the question by

saying you’d like more time to reply with a more

considered response.

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7. Request Agenda & Be Prepared

It is your right as an employee to be given the time

and opportunity to be prepared for every

disciplinary meeting.

Therefore, prior to the commencement of the

meeting, you should request a meeting agenda

and an outline of any allegations (the reason/s for

the disciplinary meeting).

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7. Request Agenda & Be Prepared

If the manager conducting the meeting fails to

provide this information you should document their

refusal and, if possible, inform the manager’s

superior.

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8. Don’t Assume You’ll Have a Claim

Do not assume you automatically have rights to

access the unfair dismissal provisions of the

Federal Fair Work Act 2009.

For a variety of reasons you may be locked out of

this system with no way of seeking compensation.

Every situation is different and before you make

any assumptions you should consult an

experienced employment lawyer for advice.

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9. Don’t Let Yourself Get Emotional

It is common for disciplinary meetings to escalate

quickly into a heated, and sometimes abusive,

argument.

If this occurs you should immediately call a halt to

the meeting and demand

that it be rescheduled.

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9. Don’t Let Yourself Get Emotional

If the manager doesn’t agree to this and you walk

out of the meeting, you should contact the

manager’s superior and explain the reason/s why

you walked out.

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10. Request to Know the Outcome

Once the meeting has concluded it is your right to

know the outcome of it.

If the manager fails to advise you of the meeting’s

outcome you can write a letter (or email) that

outlines your request to know the outcome.

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10. Request to Know the Outcome

Where possible you

should try and include the

manager’s superior in

any such request and do

so with the advice from

an experienced

employment lawyer.

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Turnbull Hill Lawyers – Contact Us

If you have any further questions about disciplinary

meetings or you'd like to discuss a related matter,

please do not hesitate to contact our Employment

Law Team.

We will endeavour to respond to your enquiry

within 24 hours.