Disciplinary Meeting Solicitors - Employment Lawyers Australia
When an employee is called to a disciplinary meeting it often represents a precursor to the employee’s dismissal, which could later be considered by a solicitor as an unlawful or an unfair dismissal. The conduct of the employee’s during that disciplinary meeting may very well decide whether their employment is continued or not. Any admission provided or information the employee supplies during those meetings could determine the success of a compensatory claim for wrongful dismissal, or its denial. Where possible, if an employee believes that the disciplinary is an excuse for termination they may request that a solicitor or union representative be present.
- It is normally not wise, from a financial standpoint, to resign one’s employment in the middle of the disciplinary meeting, particularly when the employee was not able to take legal advice prior to the meeting. However, when the employer’s behaviour and conduct is of such nature that it repudiates an employment contract, that conduct could justify a constructive dismissal claim.
- The employee should not sign any documents without benefit of legal advice first. In some cases, pressure will be applied to force signature during the disciplinary meeting, under no circumstances should you sign.
- Do not disclose whether or not you took legal advice before the meeting, nor your intent to seek legal advice after the meeting, as this could change an employer’s conduct.
- It is advisable to make copies of those documents that you might need to utilise later. Ensure that those are secured off premises, termination could be the result of the meeting and immediate accompanied escort from the building could occur promptly after the disciplinary meeting.
- Also, taking copies of those relevant documents, your employment contract, as well as any other evidentiary documents to this disciplinary meeting for reference is advisable.
- Whilst a truthful and practical explanation of the incidents under investigation could clear up all the issues, do not confess anything damning that the employer could utilise later.
- If pressured to make decisions regarding anything, decline to do so until you are able to consider those in detail privately (and later take clandestine legal guidance from an employment solicitor before responding).
- If termination occurs and a cheque is given along with the dismissal letter, even when that cheque is alleged as full settlement avoid banking the cheque and immediately contact an employment solicitor, unless the amount represented by the cheque is an amount YOU are content is actually a FULL compensation.
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