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Disciplinary Meetings



 

Disciplinary Meetings - Executive Dismissal - Australian Law

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A disciplinary meeting can be the forerunner to an executive dismissal that may be unfair or unlawful. An executive's conduct in a disciplinary meeting may well determine whether or not the executives employment continues and admissions made or information supplied may determine whether or not compensation can be claimed for wrongful dismissal :-

  • It is not usually financially advisable for an executive to resign at a disciplinary meeting particularly if the executive has not had the benefit of legal advice in advance, unless the employers conduct has been such as to repudiate the contract of employment which would justify a claim for constructive dismissal.

  • Under no circumstances should you sign any document whatsoever without first speaking to a lawyer. You may come under pressure to sign there and then – don't do it.

  • Do not admit to having taken legal advice in advance and don't indicate that you will do so after the meeting as this will change the behaviour of the other parties.

  • Make sure that copies of all documents that you may wish to rely on in the future are off the premises and safe in your personal possession, as you may be dismissed and forced out of the building immediately after the disciplinary meeting.

  • Take copies of all relevant documents and your contract of employment to the meeting for reference and to back up your case there and then.

  • Whilst a reasonable and truthful explanation of the incident being investigated may clear the issues, you should nevertheless ensure that you make no damning admissions, that can be used against you in the future.

  • If you are pressed to make any decisions about anything refuse to do so until you have had the chance to consider them in detail (and to take clandestine legal advice if necessary).

  • If your employment is terminated and you receive a letter and cheque allegedly in full settlement, do not bank any cheque that you may receive unless YOU are satisfied that it represents FULL compensation for the matters in issue.

Employment Lawyers

Our specialist employment solicitors give advice on disciplinary meetings, common law rights, contractual terms and wrongful dismissal. If you would like advice just complete the contact form, or email our offices or use the helpline.

LAWYER HELPLINE: 1800 221 167