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Disciplinary action

When you are aubject to disciplinary action it sometimes feels as though everything is out of your control.  When under investigation or being accused of some disciplinary infringement you always have some fundamental rights.
 
Your rights include:
 
  • being given full particulars of all the allegations made against you including when, how, what, where and who
  • being given copies of any written complaints or statements of witnesses or other documents relevant to the issue
  • being allowed time to respond to the allegations.  A reasonable time would be at least 24 hours and probably longer in most cases and you should be given some time off work in order to access assistance during business hours.  The more serious the allegations  or their potential consequences the more time you should get
  • you have the right to be accompanied by a representative including a lawyer, union representative or advocate at any meeting.  A "support person" is not enough.
  • you do not have to provide a statement or answer questions about the allegations.  The employer must prove their case against you without your assistance or else there is no case
  • you are entitled to be involved in any investigation including being told about the progress of the investigation and what evidence is being sought
  • any investigation should be conducted promptly and be finished within a reasonable time having regard tp the severity of the allegations and the complexity of the evidence needed to be investigated
  • if the allegations involve allegations of criminal conduct like stealing, assault or fraud you have a right to silence and do not need to say anything to anyone about the issue unless you have a lawyer present with you
  • if you are to be suspended during an investigation you should always be suspended with pay
  • the employer does not have the right to detain you against your will including by forcing you to attend a meeting.  If you do not reasonably want to be there you do not have to be there
  • if you are found guilty of the allegtaions you should be allowed to make representations about what punishment if any is appropriate
  • you are innocent until proven guilty

Please send us your inquiry and we'll call you.


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