Employment - Conduct Issues Letter

This document is for use by employers managing an employee whose conduct is inappropriate in the workplace, or below the standard required. This letter is only suitable if you have reasonable grounds for believing that the conduct occurred (for example, reported by a supervisor who witnessed the conduct or the conduct was captured on CCTV footage).

If the allegations require investigation because you have no direct evidence that the conduct occurred, please contact Law Central Legal (telephone: 08 9476 4999) for specific advice about managing the investigation process.

If the allegations against the employee may be serious misconduct (for example, theft, assault, intoxication or threat to profitability), please contact Law Central Legal (telephone: 08 9476 4999) for specific advice about serious misconduct and summary termination.

You should not use this document if you have concerns about the employee’s performance. We have a separate document for managing performance issues here.

Before you start to build this document, use our Record of Discussion document and meet with the employee to discuss your concerns about the employee’s conduct. You should not use this document until you have met with the employee to discuss the conduct.

Checklist is not available for this document.

Sample is not available for this document.

Discussion about conduct
• Discuss conduct before issuing letter
Prior Warnings
• Does someone else have to attend the meeting?
Specific Conduct Concerns
• Why do I have to be specific about my concerns?
Explanation
• Do I have to accept the employee’s explanation for the poor performance?
Improvement Targets
• Why do I need to set a specific target?
Assistance
• Do I have to offer assistance?
Review Date
• When should I schedule the review meeting?
Signatory
• Who should sign the letter?

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Discussion about conduct

• Discuss conduct before issuing letter

  This letter should not come as a surprise to your employee. By raising the conduct with your employee informally as it occurs, you may not need this letter at all.
  
  You will need to have a more formal meeting before you issue this letter to the employee. If your employee is aware of the conduct issue and the meeting is conducted in a calm and constructive manner, issuing this letter is more likely to be considered reasonable management action. Use our Record of Discussion document for your meeting with the employee.

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Prior Warnings

• Does someone else have to attend the meeting?

  Two people should attend on behalf of the employer – 1 to run the meeting and the other to make notes.
  
  The employee can bring a support person with them if they choose and you should not unreasonably refuse a request for a support person to be present. The support person is there to support the employee and not be an advocate for the employee.
  
  If you have a vulnerable employee (for example, under 18, with a disability, poor English skills) you should ensure that the employee has a support person with them.

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Specific Conduct Concerns

• Why do I have to be specific about my concerns?

  Unless your employee knows exactly what conduct is causing concern, he or she will not be able to improve. If you ask an employee to “lift their game” but he or she does not know what is actually wrong with his or her conduct, improvement is unlikely. We recommend that you contact Law Central Legal (08 9476 4999) if you need assistance managing this process.

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Explanation

• Do I have to accept the employee’s explanation for the poor performance?

  You should consider the explanation as it may identify some issues (for example, difficulties in the employee’s personal life for which the employee requires support) that may be important in your decision making.

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Improvement Targets

• Why do I need to set a specific target?

  Your employee needs to know exactly what conduct is expected. If the target is specific and measurable, it will be easier to identify when the employee meets (or fails to meet) the target. A specific target is far easier to meet than a vague one.

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Assistance

• Do I have to offer assistance?

  No, but the meeting may identify something specific that is needed, such as further training.

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Review Date

• When should I schedule the review meeting?

  You should give the employee an opportunity to demonstrate improvement. 7 or 14 days will generally be sufficient time to evaluate the employee’s commitment to the improved conduct.

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Signatory

• Who should sign the letter?

  The letter should be signed by the person who runs the meeting. This may be the employee’s line manager, a supervisor, HR Manager or another senior manager.

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This document has been prepared by the law practice Law Central Legal

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