A BRIEF OVERVIEW OF DISMISSALS & DISCIPLINARIES FOR EMPLOYERS
The importance of good process - Good process is an important factor in protecting employers against grievances from treating employees unfairly.
What if you know that they did it - You must still follow good process! Employment law urges employers to ensure that they genuinely consider employees feedback and do not have a predetermined outcome. Even if you have video footage, the employee may have a reasonable explanation.
Is it three strikes and you're out with disciplinary actions - Not necessarily. Warnings for different types of breaches may not always be considered relevant to other disciplinary processes. Employers should be careful that they are making decisions that a reasonable and objective employer would also make to ensure that they are acting fairly. If you are not confident or experienced in carrying out a disciplinary process, then we would recommend seeking employment law support at least for the first few occasions.
Is a performance improvement plan (PIP) a disciplinary action? In short, no. They may be tied together but a good faith performance improvement plan should seek to improve issues and rectify performance. The outcome should be achievable and the length of time and support or training given should be reasonable for the employee to ensure that the process is genuine.