A Disciplinary Notice is a crucial employment document used in Hong Kong when formal disciplinary action needs to be taken against an employee for misconduct, poor performance, or violation of company policies. The document must comply with the Hong Kong Employment Ordinance and related employment legislation, including requirements for fair treatment and natural justice. The Disciplinary Notice serves multiple purposes: it formally documents the issue, communicates expectations for improvement, outlines consequences, and protects the employer's legal position if further action becomes necessary. It should be issued promptly after the incident or discovery of the issue, following any necessary investigation, and must include specific details about the misconduct, reference to relevant policies, clear improvement requirements, and information about appeal rights. This document forms part of the employee's official record and may be crucial in supporting any subsequent employment decisions.
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1. Employee Information: Full name, employee ID, position, department, and length of service of the employee
2. Date and Location: Date of notice issuance and location/department where the incident occurred
3. Nature of Misconduct: Clear description of the incident(s) or behavior that has led to disciplinary action, including specific dates and details
4. Company Policies Violated: Reference to specific company policies, rules, or regulations that have been breached
5. Previous Warnings: Summary of any previous related warnings or disciplinary actions
6. Disciplinary Action Taken: Clear statement of the specific disciplinary action being imposed
7. Required Improvement: Specific expectations for improvement and timeline
8. Consequences: Clear statement of consequences if improvement is not shown or further violations occur
9. Right of Appeal: Information about the employee's right to appeal and the process to do so
1. Investigation Findings: Summary of any formal investigation conducted, used when a detailed investigation has taken place
2. Performance Improvement Plan: Detailed plan for improvement, included when specific measurable improvements are required
3. Employee Statement: Space for employee's written response or explanation, included when immediate response is requested
4. Union Representative Details: Information about union involvement, included when employee is union member
5. Counseling Resources: Information about available support services, included when appropriate for the situation
1. Incident Report: Detailed report of the incident(s) that led to disciplinary action
2. Evidence Documentation: Copies of relevant evidence supporting the disciplinary action
3. Witness Statements: Statements from witnesses to the incident(s), if applicable
4. Previous Warning Letters: Copies of any previous warning letters referenced in the notice
5. Relevant Company Policies: Copies of specific company policies that have been violated
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