Disciplinary Action – Legal Issues

An employer may seek to take disciplinary action against an employee over conduct or capacity issues relating to their employment. If you are facing disciplinary action in your workplace, such as being asked to attend a disciplinary meeting or participate in an investigation, it is natural enough to be concerned about the implications. We can assist you to:

  • defend yourself against unfair or unfounded allegations;

  • take steps to prevent adverse action being taken against you; or

  • negotiate an amicable end to your employment.

In each case, we tailor our approach to the needs of client and their circumstances. If you want to get advice about disciplinary action you are facing, contact Anderson Fredericks Turner.

Our Locations

Brisbane Employment Lawyers
Beenleigh Employment Lawyers
Sunshine Coast Employment Lawyers
Townsville Employment Lawyers

A POINT OF DIFFERENCE

Courtroom Expertise

The founding principals of Anderson Fredericks Turner were the few practising solicitors in Queensland who had been accredited as barristers and worked in that role for a number of years before operating a law firm.

AFT prides itself on a tradition of associate lawyers who have significant litigation experience in courtrooms and contested hearings.

If you want lawyers who are not still trying to find their feet, we have the courtroom expertise to afford you the best representation for your case.

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Free Case Assessment – Call 1300 AFT LEGAL

Contact our firm today for free case assessment about the disciplinary issue you face. We have the skills and experience to assist you.

If you engage us to provide you advice and representation, our experienced employment lawyers will assist you every step of the way. We:

  • assist you to understand your rights and advance your interests.

  • advise you of your responsibilities as an employee facing disciplinary action.

  • draft and file documents critical to defending yourself against unfair or unfounded allegations.

  • work to resolve the issue in your interests.

Failure to exercise certain rights, or acting on the wrong advice, can fundamentally affect the rights or entitlements of an employee facing disciplinary action. Contact us today for advice and representation.

WHY CHOOSE US

Courtroom Expertise

The founding principals of Anderson Fredericks Turner were the few practising solicitors in Queensland who had been accredited as barristers and worked in that role for a number of years before operating a law firm.

AFT prides itself on a tradition of associate lawyers who have significant litigation experience in courtrooms and contested hearings.

If you want lawyers who are not still trying to find their feet, we have the courtroom expertise to afford you the best representation for your criminal law case.

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Call Us Today

Book Your Consultation

Contact our firm today for free case assessment about the disciplinary issue you face. We have the skills and experience to assist you.

If you engage us to provide you advice and representation, our experienced employment lawyers will assist you every step of the way. We:

  • assist you to understand your rights and advance your interests.

  • advise you of your responsibilities as an employee facing disciplinary action.

  • draft and file documents critical to defending yourself against unfair or unfounded allegations.

  • work to resolve the issue in your interests.

Failure to exercise certain rights, or acting on the wrong advice, can fundamentally affect the rights or entitlements of an employee facing disciplinary action. Contact us today for advice and representation.

To book a consultation with one of our employment lawyers Call Now: 1300 AFT LEGAL (1300 238 534)

Disciplinary Action – Possible Stages

Disciplinary Action - Notification of a Potential Disciplinary Issue

Notification of a Potential Disciplinary Issue

In circumstances where an employer does not summarily dismiss an employee, natural justice or procedural fairness generally means an employer will give an employee notice of a complaint or concern about a conduct or capacity issue. While it will often be as a result of conduct occurring in the workplace, conduct outside of the workplace may also be the subject of disciplinary action.

Disciplinary Action - Workplace Investigation

In circumstances where an employee is facing accusations that they have engaged in misconduct, or there is doubt or uncertainty as to the cause of under-performance or related issues, an employer may have an investigation undertaken to resolve the matter. It can be confronting and upsetting to be subject to a workplace investigation. Contact Anderson Fredericks Turner for advice and representation.

Read more
Disciplinary Action - Attending a Disciplinary Meeting

The first you may know about possible disciplinary action being taken against you is if you are called to a meeting. Sometimes employees are asked to attend impromptu disciplinary meetings without sufficient time to prepare or organise a support person. Whether you have received notice or not of a meeting to deal with disciplinary issues, it may be important to seek urgent legal advice and support.

Read more
Disciplinary Action - Show Cause Letters

Show Cause Letters

A show cause letter is provided to an employee when an employer is contemplating disciplinary action against them over a conduct or capacity issue. If you receive a show cause letter, it will often signal the type of disciplinary action you may be facing, such as dismissal from the workplace. If you have received a show cause letter or notice and seek advice or representation, contact our lawyers today.

Read more
Written Warnings

It is common for employers and managers to issue ‘warnings in writing’ or ‘warning letters’ for conduct or capacity issues involving the workplace. These letters can have important consequences and employees should be given an opportunity to respond to them. A warning letter may later form part of future disciplinary action taken by an employer and be used to justify action such as dismissal from the workplace.

Read more
Disciplinary Action - Performance Improvement Plans

Performance Improvement Plans

The purpose of a Performance Improvement Plan is to identify the areas where the performance of an employee is considered to be deficient and to identify the required outcomes, as well as the supports and strategies to that may improve performance. It will also generally incorporate the consequences for failing to improve by a specified date.

Disciplinary Action - Termination from Employment

Termination from Employment

An employee may be terminated from their employment if an employer considers the conduct or capacity issues are so significant that no other disciplinary action will be sufficient. Dismissals that are harsh, unjust or unreasonable are open to challenge by employees, so employers and managers must be cautious about terminating an employee from their position.

Disciplinary Action – Possible Stages

Disciplinary Action - Notification of a Potential Disciplinary Issue

In circumstances where an employer does not summarily dismiss an employee, natural justice or procedural fairness generally means an employer will give an employee notice of a complaint or concern about a conduct or capacity issue. While it will often be as a result of conduct occurring in the workplace, conduct outside of the workplace may also be the subject of disciplinary action.

Call Us Today
Disciplinary Action - Workplace Investigation

In circumstances where an employee is facing accusations that they have engaged in misconduct, or there is doubt or uncertainty as to the cause of under-performance or related issues, an employer may have an investigation undertaken to resolve the matter. It can be confronting and upsetting to be subject to a workplace investigation. Contact Anderson Fredericks Turner for advice and representation.

Read More: Workplace Investigations
 
Call Our Lawyers
Disciplinary Action - Attending a Disciplinary Meeting

The first you may know about possible disciplinary action being taken against you is if you are called to a meeting. Sometimes employees are asked to attend impromptu disciplinary meetings without sufficient time to prepare or organise a support person. Whether you have received notice or not of a meeting to deal with disciplinary issues, it may be important to seek urgent legal advice and support.

Read More: Disciplinary Meetings
 
Call Us Today
Disciplinary Action - Show Cause Letters

A show cause letter is provided to an employee when an employer is contemplating disciplinary action against them over a conduct or capacity issue. If you receive a show cause letter, it will often signal the type of disciplinary action you may be facing, such as dismissal from the workplace. If you have received a show cause letter or notice and seek advice or representation, contact our lawyers today.

Read More: Show Cause
 
Call Us Today
Written Warnings

It is common for employers and managers to issue ‘warnings in writing’ or ‘warning letters’ for conduct or capacity issues involving the workplace. These letters can have important consequences and employees should be given an opportunity to respond to them. A warning letter may later form part of future disciplinary action taken by an employer and be used to justify action such as dismissal from the workplace.

Read More: Written Warnings
Call Us Today
Disciplinary Action - Performance Improvement Plans

The purpose of a Performance Improvement Plan is to identify the areas where the performance of an employee is considered to be deficient and to identify the required outcomes, as well as the supports and strategies to that may improve performance. It will also generally incorporate the consequences for failing to improve by a specified date.

Call Us Today
Disciplinary Action - Termination from Employment

An employee may be terminated from their employment if an employer considers the conduct or capacity issues are so significant that no other disciplinary action will be sufficient. Dismissals that are harsh, unjust or unreasonable are open to challenge by employees, so employers and managers must be cautious about terminating an employee from their position.

Call Us Today