Performance Management of Staff Disciplinary Process Richard Walsh Manager – Human Resources

IRT has an approved organisational policy that assists managers and supervisors to manage the disciplinary process: Disciplinary Action Policy (PC 2.12)

When is the Disciplinary Policy actioned? An employee allegedly breaches IRT policy A formal complaint or grievance (including whistleblowing) is received An employee’s performance falls below acceptable standards (including observed behaviours)

Important to Consider: Factors that may have influenced the alleged behaviour Contribution of the employee to date The environment, culture, systems, frameworks and expectations that have been established and supported by Management Team Australian Industrial Relations Commission (AIRC)

Key considerations by Australian Industrial Relations Commission: Due Process Harshness

Scenario Manager has identified employees standard of work has been slipping, consistent errors, missing the odd appointment Manager has an informal chat with the employee to raise the issues of concern and check if everything is ok with the employee (health, family life, work etc) – no concerns raised by employee – Manager records discussion (file note) Manager closely monitors the work of the employee and provides increased support, training etc Errors continuing resulting in further informal discussion, reinforcing agreed expectations, assistance provided etc (file note)

Scenario Cont… Event or Trigger to Action the Formal Disciplinary Process: Concern expressed by customer Employee targeted colleague trying to resolve above situation and verbally abused them for getting involved Employee that received abuse submits grievance in writing to immediate manager Ongoing performance concerns

Due Process

Given the allegations are serious the following is required: Invite the employee to a Fact Finding Meeting Clearly state the allegations Provide the employee sufficient time to arrange representation (if required)

Important to Consider: Treat the employee fairly How employee is made aware of allegation(s) Fact find meeting is to fact find only Reinforce the need for confidentiality How you would like to be treated in this situation

Fact Finding Meeting: Reinforce purpose of the meeting is to fact find only Support person: –If present – silent witness –Not present – ensure recorded in the minutes Present the allegations or concerns to the employee Do not make a determination at the fact finding meeting

Following Fact Finding Meeting Provide employee with a copy of the minutes (transparent process) Request confirmation of the minutes by a certain date otherwise consider accurate record of discussions If necessary investigate further based on responses received at Fact Finding Meeting Arrange a meeting with employee to discuss the outcome of the investigation

Follow Up Meeting Confirm status of the minutes Summarise allegations and responses provided at fact finding State the decision of IRT, for example: –Educative –First Warning –Second Warning –Third and Final Warning –First and Final –Termination (only CEO or delegate can terminate a contract of employment)

Follow Up Meeting Cont… Identify recommendations for improvement Provide contact details for EAP to assist the employee in dealing with the matter Confirm the above in writing and place a copy on the personnel file

Important to Consider: Commit to the recommendations including the review meetings If employee responds and performance improves, acknowledge the improvement If the employee’s performance or behaviour does not improve or a further written complaint is received, follow the above process again

Suspension Must be with pay Utilised if the allegation is very serious so as to remove the employee from the workplace while the investigation is undertaken Consult with relevant ELT member (or delegate) and / or Manager Human Resources

Summary Dismissal Can only be made following consultation with ELT Member of portfolio and CEO (or delegate) and Manager Human Resources Reasons include: –Elder abuse –Misconduct –Insubordination –Drunkenness / illegal use of drugs –Dishonesty / theft –Willful disobedience of a lawful and reasonable instruction Gather all data, witness statements, record all actions etc Police may need to be involved There must be no doubt about what transpired

Workers’ Compensation A claim for workers’ compensation may be received (generally stress or anxiety) Work closely with Injury Management and Manager Human Resources The matter will be investigated by the Insurer therefore due process is critical

Questions?