Employee misconduct and unfair dismissal claims can quickly turn into costly legal challenges for employers. Whether you’re a Human Resources professional or a business owner, managing workplace disputes requires more than just good intentions — it demands smart, compliant processes.
From employee grievances to misconduct investigations, being proactive can help your business avoid legal pitfalls and create a healthier workplace.
Here are 4 essential HR tips to help employers handle misconduct and disciplinary actions effectively — and minimize the risk of unfair dismissal claims.
1. ⚖️ Think Before You Act: Use Discretion in Employee Discipline
Not every mistake warrants formal disciplinary action. Sometimes, early intervention through informal coaching or feedback can resolve issues before they escalate.
Key Takeaway:
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Train your managers to recognise signs of minor misconduct.
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Encourage resolution through open communication and performance support.
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Know the difference between poor performance and serious misconduct.
A culture of support — rather than punishment — builds trust and lowers the risk of claims.
2. 🕵️ Take Employee Complaints Seriously: Investigate Fairly and Promptly
If an employee raises a complaint during a disciplinary process, don’t assume it’s just a delay tactic. Complaints may involve workplace rights, bullying, discrimination, or procedural unfairness — all of which require thorough investigation.
Why it matters:
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Ignoring complaints can lead to general protections claims under the Fair Work Act.
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Courts may link disciplinary actions to complaints, especially if poorly documented.
Always investigate, document the process, and act impartially.
3. 📝 Document Everything: Confirm Misconduct Conversations in Writing
Verbal warnings or informal chats are useful, but they should always be followed by written confirmation. This ensures clarity for the employee and creates a solid paper trail if a dismissal is challenged.
Pro tip:
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Summarise discussions in emails or memos.
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Keep records in the employee file.
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Clearly outline expectations, consequences, and next steps.
Written evidence is your strongest legal protection if things escalate.
4. 🩺 Check Employee Health Before Disciplinary Action After Leave
Planning to take disciplinary action after an employee returns from long-term sick leave, injury, or workers’ compensation? Be careful.
Key considerations:
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Is the employee fit to participate in meetings or respond to allegations?
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Seek medical clearance if needed — don’t make assumptions.
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Avoid taking action that could be seen as retaliation or discrimination.
Being mindful of employee wellbeing reduces risk and shows procedural fairness.
Need Legal Help Managing Employee Misconduct or Dismissals?
Misconduct investigations, disciplinary action, and dismissal decisions can be complex — but you don’t have to navigate them alone.
At NB Employment Law – Lawyers for Employers, we specialise in employment law, HR compliance, and unfair dismissal defence. We offer free consultations to help employers protect their business and make confident, lawful decisions.
👉 Contact us today to discuss your situation and get expert advice.