Disciplinary Process – Employee

The Process

In any disciplinary process an employer is required to reach the standard of “the fair and reasonable employer” – which means any decision must reflect what a fair and reasonable employer could do in the circumstances. That means your employer must follow a fair and open process; and make just decisions. Your employer must listen to what you have to say and go on to carefully consider your explanation. In coming to any decision, your employer must act in a fair way and in good faith.

Disciplinary processes are by nature contentious and emotionally charged, and they can easily spiral into expensive and protracted disputes. It is important to have a lawyer advising you who knows how the process works and who can guide you through the maze of options that will be available to you.

In doing so, Phil Mitchell will point out to you what your options are, so you will know what best suits your circumstances. He has been practising employment law since 1997 and has a wealth of experience as a result.

Most matters can be resolved with sensible communication and negotiation with your employer, and that’s where Phil comes into his own. He estimates 90-95% of his cases resolve at or before mediation – most of the time with the employee’s legal fees being covered by the employer as part of a negotiated settlement / exit package.