Disciplinary Policy
A procedurally fair Disciplinary policy that protects you against unfair-dismissal claims.
Procedural fairness is the backbone of any Australian disciplinary process. The Fair Work Commission consistently considers procedural fairness when assessing whether a dismissal was 'harsh, unjust or unreasonable' under the Fair Work Act 2009.
This free template is written for Australian employers and covers the full disciplinary spectrum - from informal counselling through to summary dismissal - with the procedural fairness expected by the Fair Work Commission.
What this template covers
- The progressive discipline framework: counselling, verbal warning, written warning, final written warning, dismissal.
- Misconduct vs serious misconduct (per the Fair Work Regulations).
- Investigation, allegation letters and the right to a support person.
- Show-cause and response opportunities, and stand-down on full pay during investigations.
- Summary dismissal grounds and notice requirements.
Why every Australian business needs one
Most successful unfair-dismissal claims hinge on procedural defects - not the substantive misconduct. A documented and consistently-followed disciplinary policy is one of the most cost-effective risk controls a small business can have.
Download the editable Word template, brand it for your business, and align it with your Code of Conduct and Grievance policies.
Disclaimer. This template is general information for Australian employers and is not legal advice. It is provided free of charge and “as is”. Review and adapt it for your industry, modern award or enterprise agreement, state or territory and workplace, and check that it is current, before issuing it. For complex, high-risk or contested matters seek advice from an employment lawyer or IR adviser. To the maximum extent permitted by law, we make no warranty that the template is accurate, complete, current or suitable for your purposes, and we accept no liability (including for negligence) for any loss arising from its use or any reliance on it. Nothing in this disclaimer excludes any right under the Australian Consumer Law that cannot lawfully be excluded.