Disciplinary action

What should I do if I have to atte​​nd a meeting with my employer?

If you have been directed to attend a meeting you should ask your employer:

• what is the purpose of the meeting
• whether it is an informal meeting or a formal disciplinary meeting
• who will be present at the meeting.

You should communicate in writing with your employer to avoid any miscommunications or disputes.

If you have not been dismissed it may be a good idea to attend to find out what your employer intends to do.

If you have been dismissed, you may not be required to attend.

If you have been dismissed by your employer, you should get urgent legal advice from your union or a lawyer as there are strict time limits to apply for unfair dismissal or general protections dismissal. For more information, see the Termination topic.

How much time does my employer have to give me to prepare for a meeting or respond to allegations?

Your employer should give you a reasonable amount of time to prepare for a meeting or respond to allegations. What is reasonable will depend on your situation. For example, it can depend on:

• the reason for the meeting
  
• what you need time for, for example to get legal advice, if you are sick or need time to organise a support person.
  

If you need more time, you should:

• put the request in writing
• provide reasons why you need more time
  
• suggest another date and time.
  

If your employer refuses to give you more time, you should try to respond to the allegations or attend the meeting. If you don't, there may be consequences.

Can I ​ask for the meeting time or date to be changed?

If you are unable to attend the meeting at the time and date it is scheduled, or you want to postpone it to a later date or time, you can ask your employer.

You may like extra time to:

• contact your union
• get legal advice from a lawyer
• arrange for your support person to attend.

If you ask for the meeting to be rescheduled, you should think about what is reasonable for both you and your employer.

If your employer refuses to give you more time, you should try to respond to the allegations or attend the meeting. If you don't, there may be consequences.

What if I am too sick to attend the meeting?

If you are unwell or injured and can't attend the meeting, you can ask your employer for the meeting to be postponed. You should get a medical certificate from your doctor to confirm that you are unfit to attend the meeting. 

For more information, see Injury or Illness - Frequently Asked Questions.

If your employer refuses to postpone the meeting, you should get legal advice.

What will happen at the meeting?

If you go to the meeting you can:

• ask your employer for details of issues or allegations,
• ask who the person was who raised the issues
  
• ask for more time to consider the matters raised.
  

If an allegation has been made against you, your employer should normally give you full details including:

• the name of the person who raised the issues about you
• what you are alleged to have done.

If they refuse to give you this information, it might be relevant for any future legal proceedings.

You should have a support person at the meeting. Generally, your support person will not speak on your behalf. However, they can:

• take notes of the conversations for you
• remind you of any points or concerns you want to raise
• be a witness if you later take legal action.

If you don’t have a support person who can attend the meeting, you should take notes of what occurs.

Don't be pressured into resigning on the spot, even if you are offered a good deal to leave, as you may regret it later. There may also be legal consequences as a result of your decision.

If you resign, it may be more difficult for you to establish legal grounds for unfair or unlawful dismissal, general protections dismissal or breach of contract.

If you are asked to sign something, you must make sure that you understand what the documents says and you agree with what it says before you sign it. You should not sign it if you do not completely agree or understand what it means.

If you are dismissed by your employer, you should get urgent legal advice from your union or a lawyer as there are strict time limits to apply for unfair dismissal or general protections dismissal. For more information, see the Termination topic.

Can I record what is said during a meeting with my employer?

You should not record anyone, including your employer, without the permission of all people participating in the conversation. Recording a conversation without the persons consent is an offence under the Surveillance Devices Act 2007 (NSW).

During the meeting you can and should, take written notes of what happens.

Can I have a witness or support person with me at the meeting?

You have the right to have a witness or support person at the meeting. Your employer must allow you to have a support person, especially if they are considering dismissing you.

Usually, you will get to choose who you want as your support person. If your employer chooses a person for you that you do not agree with you should get legal advice.

What role does a suppo​rt person have?

If you decide to have a support person, their role will be to support you whilst you talk to your employer. They usually will not be able to speak on your behalf or advocate for you. Your support person can take notes of the conversation for you, and if you take legal action, they may be a relevant witness.       

Can my lawyer or union r​​epresentative attend the meeting with me?

If your employer agrees, you can take an advocate to your meeting, such as a union representative or your lawyer.

If your employer does not agree, you should check your award or agreement to see whether it entitles you to have your union representative attend.  ​

What rights do I have if my employer is investigating a complaint against me?

Your employer should follow a fair and reasonable process when investigating a complaint about you, and they must complete the investigation within a reasonable period of time.

Your employer should:

• tell you what the issues or allegations are and what evidence there is
• give you adequate time to respond and put your side or explanation forward
• properly consider your response before making any decisions.

Do not be pressured or intimidated into providing a quick response. If necessary, you should ask for enough time to consider the matters raised.

If you believe that the process has not been fair or is taking too long, you should get legal advice.

What should I do if I have received a warning at work?

If you get a warning at work, you should:

• ask your employer to put it in writing
  
• make a note of when it was given to you, by who, what was said and why
  
• speak to your supervisor and ask them to explain the warning if you do not understand
  
• ask your supervisor what you need to do in response to the warning, if anything
  
• follow up with your supervisor and ask for feedback.
  

You may be asked to sign an acknowledgement of a warning. 

If you don't understand the reason for the warning, don't sign anything until you get legal advice. 

Does my employer have to give me three warnings before they dismiss me?

An employer does not necessarily have to give an employee three warnings. They may not need to give you any warnings. It may depend on your employment contract or if you are dismissed for serious misconduct.

It is best practice for an employer to give an employee a chance to fix any performance issues.

If you are terminated without adequate warning, you should get legal advice. 

Can I be suspended whilst an invest​igation is carried out?

Whether you can be suspended whilst an investigation is carried out will depend on:

• the seriousness of any allegations against you
• what your award, agreement or employment contract allows
• any workplace policies that apply.

You could speak to your union, if you are a member, or your human resources department.

If you have concerns about being suspended, you should get legal advice.

Should I be paid while I am suspended?

You should be paid while you are suspended and the investigation is being carried out unless your agreement or award says otherwise, or you are a casual employee who would not normally be paid for shifts not attended.

If you are suspended without pay, you should get legal advice.