Objective
The objective of this policy is to ensure that all employees are aware of obligations in relation to Disciplinary Action Policy. Strathfield Sports expects all its employees to conduct themselves in accordance with Strathfield Sports core values and the Code of Conduct.
This policy provides employees and Managers/Supervisors with information about how to manage and respond to matters related to underperformance and misconduct.
The policy provides all parties with guidance to facilitate the following:
- Identification and discussion about areas of concern.
- Response to allegations.
- Rectify under performance and address areas of concern; and
- Take action by issuing warnings as appropriate.
Definitions
Disciplinary action is any formal action taken to address an employee’s underperformance or misconduct. This may include counselling/coaching, written warnings, termination of employment with notice, and summary dismissal.
Responsibilities
General Manager
- Provide Managers/Supervisors and employees with guidance and direction about underperformance and misconduct to facilitate a resolution.
- Provide support and assistance to Manager/Supervisors in documenting matters relating the underperformance and misconduct.
- Consider organisational issues, individual situations, as well as legal and industrial implications.
- Obtain legal advice as appropriate
Manager/Supervisor
- Take a proactive approach in managing employees’ underperformance and/or misconduct.
- Promote the principles of fairness and equity when dealing with matters of underperformance and/or misconduct.
- Seek direction and guidance from Senior Management to ensure processes are followed and to assist in the identification of legal and industrial issues.
Employees
- Comply with all reasonable directions provided by the appropriate Manager/Supervisor and/or General Manager.
- Co-operate with any investigations taking place.
- Attend meetings as required to discuss matters of underperformance or misconduct.
Guidelines
Determining the level of Disciplinary Action
- Matters related to behaviour, underperformance and/or misconduct are often complex.
- All matters will be dealt with on a case-by-case basis. The Manager/Supervisor, in conjunction with General Manager, will determine the level of disciplinary action that is required depending upon the seriousness of the matter.
- In certain circumstances Strathfield Sports may deem it appropriate to proceed directly to higher levels of disciplinary action, including termination.
General
When managing matters related to behaviour, underperformance and/or misconduct, the following general guidelines should be observed:
- Be specific – when discussing an employee’s performance/behaviour, provide specific examples of when behaviour has not met expectations. This may include dates, times and people involved.
- Provide direction to the employee about how they can meet the required standard of behaviour.
- Be aware of any past issues related to performance – check with General Manager about what is recorded on the employee’s file.
- Document all discussions – it is important to document all discussions and any specific instructions given to an employee.
- Give the employee the opportunity to have a support person present during any meetings. The Manager/Supervisor should note down the day/time this opportunity was provided and whether or not the employee elected to have a support person present.
- The Manager/Supervisor should consider the employee’s response to any matters raised, the severity of the situation and any extenuating circumstances.
- The Manager/Supervisor should advise the employee that discussions and/or warnings will be recorded on their Personnel File.
- The Manager/Supervisor can seek advice from General Manager at any stage in the process.
Initial response to underperformance/misconduct
Where an employee’s behaviour or performance does not meet the required standard the Manager/Supervisor should conduct a counselling/coaching discussion/initial meeting to identify the specific concerns and/or obtain more information about the situation. The discussion/meeting should include the following:
- outline areas of concern, giving specific examples of the employee’s behaviour/performance.
- outline the expected level of performance and/or behaviour for the role and explain why/how expectations are not being met; and
- provide a reasonable opportunity for the employee to respond to the concern(s).
Where applicable, provide the employee with a written record of the counselling/coaching meeting (i.e., a performance improvement plan) within a reasonable time after the meeting which should include a plan of action and/or the expectations of improved performance/behaviour.
Conducting an Investigation
- In circumstances where a matter involves other employees, or where the Manager/Supervisor has insufficient information, an investigation should be conducted. In some instances, employees involved may be placed on suspension during the investigation period.
- The process should involve speaking with any witnesses and or the coordination of reports, data or other information as required to assist the investigation and recording details (in writing) of the conversations.
- Documentation should be retained and forwarded to General Manager for filing.
Written Warning
- May be issued for a range of circumstances such as (but not limited to) inadequate improvement in performance, poor behaviour, breach of policy and procedure.
- Where it is deemed appropriate, a Manager/Supervisor and/or General Manager may issue an employee with a written warning.
- A meeting should be arranged with the employee to discuss the matter and issue the warning.
- The employee should be advised of the consequences of any further underperformance or misconduct.
- The employee should be given the opportunity to comment on the warning, either in writing or verbally.
- The employee is required to sign the written warning. Where an employee refuses to sign the warning, this will be noted and the warning will be issued and placed on the file regardless.
- All documentation should be forwarded to General Manager to be recorded on the employee’s Personnel File.
- A written warning will remain active on an employee’s file for 12 months from the date of the warning.
- A written warning precludes an employee from applying for a promotion or being trained in roles where a higher wage/salary would be the result, for a period of six months from the date of the warning.
Final Warning or Termination
Termination of employment may occur when an employee has still not achieved the required level of performance and/or demonstrated acceptable behaviours. Termination may be the appropriate outcome at any stage of the disciplinary process if the circumstances warrant that course of action. (Refer to the definitions above).
- Where a Manager/Supervisor wishes to issue an employee with a final warning, or terminate the employee, they must first consult with General Manager.
- General Manager will review all related documentation and any previous instances of underperformance or misconduct.
- In conjunction with the Manager/Supervisor, General Manager will arrange to meet with the employee to discuss the situation
- The employee will be notified of the warning and/or termination in writing, detailing reasons for Strathfield Sports ‘s action.
- All documentation will be recorded on the employee’s Personnel File.
Summary Dismissal
• Summary dismissal may take place where an employee commits any one or more of the following serious offences (this list is not exhaustive):
- breach of the Employee Code of Conduct
- theft.
- criminal activity (except for minor traffic offences).
- blatant disregard for safety rules.
- reporting for duty or working under the influence of alcohol or illicit drugs.
- abuse of, or wilful damage to, Club, customers’ or employee property.
- falsification of Club records.
- abusive behaviour and/or language to customers or fellow employees.
- fighting or physical abuse.
- intimidating or threatening fellow employees or patrons.
- absence from duty without permission from Management during a shift.
- playing a gaming machine or pressing a machine play button on a gaming machine, inclusive of collection of credits that is not reported to a Supervisor that have been left at a gaming machine.
- possession of firearms, explosives, stolen property, illegal drugs or illegal publications on Club premises or in motor vehicles parked on Club premises.
- behaving in a manner detrimental to the safety and well-being of fellow employees.
- breach of the Fair Workplace Policy.
- breach of the social media or IT Acceptable Use Policies.
- using another employee’s wristband to access a register without supervisory permission.
- falsely claiming an illness or injury relating to the workplace.
- gambling, inclusive of TAB and Keno or placing a bet or wager on a gaming machines located at Strathfield Sports or amalgamated premises (on or off duty).
- Suspension with full pay may be the first part of the process prior to a meeting with General Manager.
Consideration of the following factors will be undertaken before summary dismissal is enacted:
- the reason for the dismissal.
- the employee’s history and record.
- the evidence; and
- whether any other reasonable alternatives are available.
Breach of Policy
Strathfield Sports Club has an obligation to consistently apply and enforce this policy. Employee must understand and comply with this policy.
Any employee who breaches this policy shall be subject to counselling, training, and/or disciplinary action, which may include termination of employment.
| Version | Authorised by | Date Reviewed | Next Review Date |
| 2 | Phillip Truong | 21/04/2023 | 21/04/2024 |
Scope
This policy applies to all employees of Strathfield Sports.
Matters related to underperformance and misconduct are often complex and this policy should be used as a guide. The circumstances surrounding an employee’s underperformance or misconduct, and the seriousness of the matter, will determine the level of disciplinary action that is appropriate. All matters will be dealt with on a case-by-case basis and are confidential.