Discipline during a pandemic
Find out how discipline under the Public Service Act 2008 may be affected by COVID-19 and how to manage discipline during these unprecedented times.
Discipline process
Following a preliminary assessment and appropriate enquiries - and where necessary an internal or external investigation - an authorised decision maker who is ‘reasonably satisfied that grounds for disciplinary action exist’ may commence a disciplinary process in accordance with section 187 of the Public Service Act (PSA) 2008.
1. Pre-week 1 - employer
- Prepares letter – show cause 1 - which details the allegation.
2. Weeks 1 and 2 - employee
- Receives and responds to letter - show cause 1.
3. Weeks 3 and 4 - employer
- Considers response to letter show cause 1.
- Determines whether there are grounds for disciplinary action based on ‘balance of probabilities’ - Briginshaw test.
- If grounds, proposes disciplinary action – prepares letter show cause 2 (anchored link).
Factors taken into account when determining an appropriate disciplinary action include:
- The employee’s response (if any)
- Overall, work performance and employee’s potential for modified behaviour.
- Seriousness of the matter.
Letter will include relevant appeal rights
4. Week 5 - employee
- Receives and responds to letter show cause 2 – opportunity to propose any justification for why a different disciplinary action should apply.
5. Weeks 6 and 7 - employer
- Considers response to show cause 2
- Prepares decision letter (anchored link to show cause 2 templates) – outlining what disciplinary action (if any) will be taken and the date the decision will be implemented.
6. Week 8 - employee
- Receives decision letter and advice on appeal rights – appeal must be made within 21 days from receipt of Decision letter.
- Terminations implemented immediately – an unfair dismissal application can be lodged with the Queensland Industrial Relations Commission.
7. Post week 8 - employer
- Implements disciplinary action if no appeal or appeal is concluded.
- Provides advice to human resources, payroll etc.
Disciplinary action may include:
- Termination of employment
- Reduction in classification
- Monetary penalty
- Increment reduction/deferral
- Reprimand
- Transfer
- Other.
Management action - instead of or as well as disciplinary action - may include:
- Performance improvement process
- Change of duties
- Training and development
- Other.
8. Show cause 1 letter template
9. Show cause 2 letter templates
- Letter - show cause 2 - decision about disciplinary action
- Letter - show cause 2 - decision about disciplinary finding (and proposed disciplinary action)
- Letter - show cause 2 - decision about disciplinary finding (finding made that ground exists but discipline action terminated)
- Letter - show cause 2 - decision about disciplinary finding (no finding and termination of disciplinary process)
- Letter - show cause 2 - decision about suspension (with remuneration)
- Letter - show cause 2 - decision about suspension (without remuneration)
- Letter - show cause 2 - show cause about suspension without remuneration
