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Our premier guide to getting the disciplinary process right. It includes best practice advice and information on how to conduct investigations and disciplinary meetings.
The disciplinary process should be understood thoroughly before being undertaken by an employer as
a dismissal or an action taken against an employee can be held to be unjustified on the basis of
procedure alone. Any action taken or dismissal needs to be both procedurally and substantively (the
reason for your decision) justified.
Every decision in the disciplinary setting is open to challenge. The personal grievance provisions of
the Employment Relations Act 2000 allow an employee to challenge any decision or action taken by
an employer. It is therefore important to understand the mechanisms of discipline and the
requirements of procedural fairness.
This is merely a guide to the disciplinary process. The touchstones for any employer should be their
own policies, procedures (often referred to as the “House Rules”), and employment agreements.
These documents should complement each other and set out the standards of conduct that are
expected and the sanctions that may follow if those standards are breached.
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