10 rules for executives to follow when confronted with a disciplinary meeting
TRANSCRIPT
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
Slide #
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.