Preparing for a Disciplinary Meeting A Practical Guide for Employees

Introduction

Being called to a disciplinary meeting is stressful. Whether it's about your performance, conduct, or an alleged policy breach, how you handle this meeting could affect your job security. Here's what you need to know to prepare effectively.

What Is a Disciplinary Meeting

A disciplinary meeting is when your employer formally discusses concerns about your work performance or workplace behaviour. It's their chance to raise issues and your opportunity to respond. These meetings can result in anything from a verbal warning to termination, so preparation matters.

Your Basic Rights

You can bring a support person This can be a colleague, union rep, friend, or family member. They can't speak for you or interrupt, but they can provide moral support and take notes.

You should get reasonable notice Typically 24-48 hours, which gives you time to prepare. If you get very short notice, you can ask to reschedule.

You should know what it's about Your employer should tell you what the allegations are, ideally in writing, so you're not walking in blind.

How to Prepare

Read everything carefully Go through any documents they've given you. Understand exactly what you're being accused of.

Gather relevant documents Collect emails, performance reviews, or anything that supports your side of the story. Don't go overboard - just what's directly relevant.

Think through your response Plan what you'll say about each allegation. Focus on facts, not emotions. If you made a mistake, think about the context or circumstances.

Choose your support person Pick someone who can stay calm and take good notes. Brief them on what happened and what their role is.

Consider getting advice If the allegations are serious or you think the process is unfair, consider talking to a lawyer or union rep before the meeting.

During the Meeting

Listen first Let them explain their concerns fully before you respond. Take notes or have your support person do it.

Stay calm and professional Even if you disagree with what they're saying, keep your cool. Getting defensive or angry won't help.

Give your side of the story Explain your version of events clearly. Present any evidence you have. Be honest - if you made a mistake, explain the circumstances.

Ask questions If something isn't clear, ask for clarification. Make sure you understand what they're alleging.

Possible Outcomes

• No action - they accept your explanation
• Verbal warning - formal warning noted on your file
• Written warning - more serious, stays on your record longer
• Performance improvement plan - structured program to help you improve
• Suspension - time off work while they investigate further
• Termination - you lose your job

After the Meeting

Take notes immediately Write down what was discussed while it's fresh in your memory.

Follow up if needed If they promised to do something (like provide training), you can follow up on that.

Monitor what happens next If they said they'd make a decision by a certain date, keep track of that.

When to Get Legal Help

Consider getting advice if:

• The allegations could result in you losing your job
• You think the process is unfair or biased
• You believe you're being discriminated against
• The situation is complex or involves multiple people

If You Think You've Been Treated Unfairly

If you're dismissed and believe the process was unfair, you were denied your rights, or the allegations weren't true, you might have grounds for an unfair dismissal claim.

You can only make an unfair dismissal claim if you meet certain criteria:

• You've worked there at least 6 months (12 months for businesses with less than 15 employees)
• You earn under the high income threshold

Important: You only have 21 days from when you're dismissed to lodge a claim with the Fair Work Commission.

The Reality Check

Most disciplinary meetings don't end in termination. Often they're about addressing problems early before they get worse. If you approach it professionally and honestly, many issues can be resolved.

Don't panic, but do take it seriously. Good preparation shows you're professional and want to address any legitimate concerns.

Common Mistakes to Avoid

• Going in unprepared or not taking it seriously
• Getting emotional or defensive during the meeting
• Not bringing a support person when you could benefit from one
• Admitting to things you didn't do
• Not asking for clarification when you don't understand something

The Bottom Line

Disciplinary meetings are part of workplace life. They're not fun, but they're manageable if you prepare properly and understand your rights. Stay professional, be honest about what happened, and focus on moving forward constructively.

If the situation is serious or you're worried about losing your job, don't try to handle it alone - get proper advice.

Need Help

Salbridge Lawyers provides practical employment law advice for employees facing workplace issues.

Contact us at info@salbridgelawyers.com.au or call 02 9033 0495.

This article provides general information only. Every situation is different - seek specific advice for your circumstances.