The ASU has recently been made aware of concerns by multiple FCC members regarding procedures relating to disciplinary or performance allegations.
Sitting outside the formally endorsed FCC Disciplinary Procedures it appears that some members are being called into management offices for “a quick chat” alarmingly only to be told there has been an allegation made against them or that there are unexpected performance or behaviour concerns.
Of serious concern are reports that members, when they request a support person, are being told there is no need and the meeting continues.
You have rights when called into a meeting. This should not only be respected but adhered to by your manager or supervisor.
The Disciplinary Procedures guidelines include:
- There are 5 stages to the disciplinary process however the process and actions taken must be proportionate to the level and seriousness of the alleged underperformance or misconduct
- You must be treated as innocent unless the allegations are found to be substantiated
- You must be informed of all allegations of poor performance or misconduct. (This means that you should be aware of any and all allegations that are kept on your personnel file). If the matter is serious you must first be advised of the purpose of the meeting, who will be attending and that you can have a representative in the meeting.
- You must be given a reasonable opportunity to respond.
- You are entitled to timely, regular and direct feedback on your performance, not just in your annual performance review. (So there should not be any surprises)
- Managers must collect evidence to substantiate allegations and demonstrate that the process undertaken was unbiased, fair and complete. They must also document all the details of the issues.
Members are reporting that they have no prior knowledge of the issues prior to being called in for a “quick chat” and are unclear on expectations or their rights and that at times they disagree with the issues that are raised.
Members also report being invited into meetings without being given the option to have a support person present, without prior awareness or notice of the purpose of the meeting and being told they must either respond immediately and/or sign documents.
You have a right to not respond immediately to issues raised and to request a support person, and that person can be anyone of your choosing.
ASU members are encouraged to request a Delegate attend their meeting if they feel a support person is required.
If you have been affected by an unfair process then you should request assistance from your Union. The ASU Member Contact Centre can help you through the process, they can provide advice and support and also talk through any concerns you may have.
Only ASU members have access to this advice and support.
The ASU help you and your co-workers deal with issues as they arise at your workplace – either individually or as a group – and campaign to improve the conditions for workers.
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For more information please contact your Delegate or:
ASU Member Contact Centre | 1300 855 570 | firstname.lastname@example.org