Your Basic rights at a disciplinary

  1. The right to fair notice
    If you are called to a disciplinary meeting you have the right to refuse to go ahead with the meeting until you have a support person and time to prepare. Your fair notice should include the reason for the meeting.
  2. The right to representation and support
    This person could be a lawyer, an advocate, a support person or a workmate. They can speak on your behalf or be there as a witness and to give emotional support.
  3. The right to a full investigation
    You have the right to be fully informed of the result of the investigation.
  4. The right to have full information
    You have the right to know exactly what the complaint against you is, what the proof of the allegation is, and to be given a copy of all relevant information. E.g. the boss can’t use evidence from anonymous witnesses.
  5. The right to defend yourself
    You have the right to tell your side of the story to the employer or ask your support person to speak for you.
  6. The right to fairness
    All investigations and actions leading up to and including the disciplinary meeting must follow a fair and just process. If there is a process in your employment agreement or the company rules, the employer must follow that.
  7. The right to a fair and just outcome
    The seriousness of the disciplinary action must reflect the seriousness of your actions: the punishment must fit the crime. Any disciplinary action, such as a warning or dismissal, must be the same action taken against other workers who have done the same thing in the past. You cannot get a harsher punishment than another worker for doing the same thing.

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