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Recently your Union assisted members to resolve workplace disputes at a couple of call centres where there was not a clear distinction between regular performance reviews and disciplinary procedures. There have been three cases where members did not receive appropriate notification of disciplinary action. For this article I will focus on one example.
In one case our member was planning to respond to an unsatisfactory performance review when she received a "first and final warning," based on complaints received by her employer. When our member asked for details of the complaint her request was refused, so she called her Union.
How can you defend yourself if your employer won't tell you who made the complaints and the specific nature of those complaints?
Imagine, one day you are preparing to disagree with the outcomes of a performance review and the next day you are put on notice that complaints have been made about you and that you could be sacked at any moment. We intervened on behalf of our member and reached a settlement with the employer, who acknowledged that our member had not being treated fairly and had been denied access to natural justices.
The first and final warning received by this member should never have been issued. The employer failed to adequately investigate the complaints before issuing any formal warning. In essence, they acted as if she was guilty without giving her the opportunity to defend herself, which is a denial of natural justice. If complaints are made about you at work you have a right to know who made the complaint and the nature of the complaint so that you can defend yourself. There should also have been a clear division between regular performance review processes and the initiation of disciplinary action.
Performance Reviews
Performance reviews are a mechanism where an employer and employee come together to assess an employee's performance - it is not a disciplinary procedure. A performance review is an opportunity to identify training and support needs for an individual employee. You should receive a copy of any performance reviews once it had been completed. It is important to ensure you are happy with the performance issues raised and if for any reason you do not agree with the observations about your work performance, you must respond to the comments immediately. We support fair and accountable performance management procedures and your Union can help you with an appropriate response if you think you have been unfairly assessed in a performance review.
Disciplinary Procedures:
Management has a right to set the standards they require their staff to meet. If an employee is consistently failing to meet these standards you can be formally notified and given an opportunity to address the issues your employer raises. Your employer should also provide you with a copy of the workplace disciplinary policy or procedure. We recommend that members familiarise themselves with Discipline and Performance Review policies to ensure you and your workmates are treated fairly, equitably and with natural justice. If you are receiving complaints about your work performance, seek advice, get representation and understand your rights at work.
If You Are Called Into a Meeting With Management:
- You have a right to Union representation or support from a colleague
- You have a right to know exactly what the meeting is about
- You have a right to know and understand any allegations made against you
- You have a right to know the exact process being used to investigate and resolve the allegations against you.
- You do not have to respond to allegations straight away, you have a right to get advice and provide a considered response at a later stage.
You should speak with your Delegate or your Union before responding to any allegations, including those of poor work performance.
Many of the Howard Government's new ‘Work Choices' laws deny your rights at work. It is only by having a legally binding Collective Employment Agreement that you can prevent the worst aspects of these dreadful new laws from being implemented within your workplace and to your disadvantage.
There are three things that you can do to improve and protect your rights at work.
- Learn and understand your rights at work.
- Build power and strength by encouraging your work mates to know their rights and join their Union.
- Work together as a team, with the support of your Union to protect and improve your rights at work.
For more information on anything in this article, talk to your Union Delegate or contact Alison Sexton-Green, Industrial Organiser 9427 7715 or 0412 152 983.
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