Dealing with employee misconduct and dismissal claims can be stressful and complicated. If you’re in HR or run a business, you know these challenges can come out of nowhere — whether it’s a breach of policy, an unexpected complaint, or a show cause notice.
The good news? With the right approach, you can navigate these tricky situations confidently and reduce the risk of costly legal battles. Here are 4 essential tips to help you handle disciplinary processes like a pro and safeguard your organisation.
Think Before You Act: Use Discretion in Disciplinary Matters
Not every mistake needs a full-blown disciplinary hearing. Sometimes, a simple conversation or coaching session can turn things around.
Train your managers to spot early signs of misconduct and to handle these issues sensitively before they escalate. This not only saves time and resources but also creates a workplace culture where employees feel supported rather than punished.
Smart leadership means knowing when to discipline and when to develop.
Don’t Brush Off Employee Complaints — Investigate Them Fairly
Employee complaints during disciplinary processes are not always just stalling tactics — they can reveal important issues.
If you ignore or dismiss complaints without proper investigation, you risk legal trouble. Courts often presume adverse actions are linked to employees exercising their workplace rights — and that could mean trouble for your defence.
Handle every complaint seriously, document everything, and stay impartial. Your fairness today protects you tomorrow.
Put It In Writing: Confirm All Important Conversations
Words spoken can be forgotten, misinterpreted, or denied — but written communication stands firm.
After every verbal warning or discussion about misconduct, send a clear, written follow-up. This helps employees understand exactly what’s expected and protects your business if things go further.
Written records aren’t just good practice — they’re your strongest evidence.
Check Employee Wellbeing Before Moving Forward
When an employee returns from long-term leave or workers’ compensation, jumping straight into disciplinary action can backfire.
Confirm they are physically and mentally ready to engage. Avoid making medical judgements yourself — seek professional advice to ensure the process is fair and safe.
Protecting your employees’ health is part of protecting your business.
Need Help Navigating Complex Employment Law Issues?
Disciplinary processes and dismissal claims aren’t easy. But you don’t have to go it alone.
At NB Lawyers – Lawyers for Employers, we specialise in employment law and workplace relations. We offer free, no-obligation consultations to help HR teams and employers tackle their toughest challenges.
Reach out today to safeguard your business and handle dismissal claims with confidence!