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Disciplinary Notice To Employee Template for Australia

A formal written notice issued to an employee in Australia documenting workplace misconduct, performance issues, or policy violations. This document serves as an official record of disciplinary action and forms part of the employee's personnel file, complying with Australian Fair Work regulations and relevant state employment laws. It outlines specific incidents, expected improvements, timeframes for correction, and potential consequences of non-compliance, while ensuring procedural fairness and the employee's right to respond.

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What is a Disciplinary Notice To Employee?

The Disciplinary Notice To Employee is a crucial document in Australian employment law that forms part of formal performance management and disciplinary procedures. It is typically used when verbal warnings have been ineffective or when the severity of an incident requires immediate formal documentation. The notice must comply with Fair Work Act 2009 requirements and relevant state legislation, ensuring procedural fairness and clear communication of issues. This document serves multiple purposes: it creates a formal record of the disciplinary action, communicates clear expectations for improvement, outlines consequences of continued non-compliance, and protects the employer's interests in case of future legal proceedings. The notice should be drafted with consideration of any applicable enterprise agreements, awards, or workplace policies.

What sections should be included in a Disciplinary Notice To Employee?

1. Letter Header: Company letterhead, date, and formal addressing to the employee including their full name and position

2. Subject Line: Clear indication that this is a formal disciplinary notice

3. Incident Details: Specific description of the misconduct or performance issue, including dates, times, and relevant details

4. Previous Discussions: Reference to any prior verbal warnings, meetings, or discussions about the issue

5. Impact Statement: Explanation of how the behavior impacts the workplace, team, or business

6. Company Policies: Reference to specific company policies, procedures, or employment contract terms that have been breached

7. Required Improvements: Clear outline of the expected behavior changes or performance improvements required

8. Timeline: Specific timeframe for implementing the required changes and review period

9. Consequences: Clear statement of potential consequences if the required improvements are not made

10. Support Offered: Details of any support, training, or resources being offered to help address the issue

11. Signature Block: Formal closing, including signature of the authorized manager/supervisor and their position

What sections are optional to include in a Disciplinary Notice To Employee?

1. Union Representative Notice: Include when the employee is entitled to union representation or when required by relevant awards/agreements

2. Performance Improvement Plan Reference: Include when the disciplinary notice is accompanied by a formal Performance Improvement Plan

3. Employee Assistance Program: Include when the organization offers an EAP that might be relevant to the situation

4. Right to Respond: Include when giving the employee a formal opportunity to respond to the allegations in writing

5. Meeting Request: Include when a follow-up meeting is required to discuss the notice

What schedules should be included in a Disciplinary Notice To Employee?

1. Incident Report: Detailed documentation of specific incidents or performance issues being addressed

2. Performance History: Summary of relevant previous performance reviews or incidents

3. Witness Statements: If applicable, statements from witnesses to the incident or behavior

4. Performance Improvement Plan: Detailed plan outlining specific goals, timelines, and support measures

5. Relevant Policies: Copies of specific workplace policies referenced in the notice

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok˰ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Australia

Publisher

tiktok˰

Document Type

Disciplinary Letter

Sector

Cost

Free to use

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