Verbal warning

A verbal warning is appropriate when unsatisfactory performance or conduct is first observed or reported and it is considered the conduct can be adequately dealt with through a less formal process. A verbal warning would be issued by the Co-op Coordinator (CC) and should consist of a statement to the staff member identifying:

1. the unacceptable conduct;
2. why it is unacceptable;
3. the expected standard of conduct;
4. an opportunity for the staff member to explain their conduct; and
5. discussion of the ways to address the conduct and a timeframe for improvement.

Written warning

A written warning is appropriate when unsatisfactory performance or conduct has continued despite a verbal warning or warnings or the conduct is of a serious nature, but not so serious as to warrant immediate dismissal (see 5 below).

The CC should record the instances of unsatisfactory performance or conduct — including dates, particulars, other staff members involved or affected, as well as reports from other staff detailing instances — and then report the matter to the Members' Council (MC), which will draft a letter of warning. The written warning will outline the standard of work required as per the staff member’s job description; how performance has varied from the job description, including dates and particulars; and a plan of action to resolve the problem. The plan of action includes a formal meeting with the staff member, the CC and an MC member as well as a timeframe for improvement. The staff member may have a support person, who can speak for them and help them, present at this meeting.

Procedure for the formal meeting

1. The CC arranges a meeting place and time where the meeting will not be interrupted.
2. The CC prefaces the meeting with a general introduction to the content of the warning. For example, it might begin with “It has been drawn to my attention that over the past few weeks/months that . . .”
3. A copy of the warning letter is given to the staff member. Time is made available for the staff member to read through the letter. The letter would focus on behaviour and events not on personalities, for example, phrases such as “When you do . . .” are to be avoided. The letter should describe specific instance/s or event/s and not generalise.
4. The meeting listens to the staff member’s response to the content of the letter, without interruption. Questions are asked of the staff member to clarify any unclear aspects.
5. The meeting notes points of agreement and disagreement in the warning letter. The MC member verbally summarises the areas of agreement and disagreement and asks the staff member if they agree with the assessment.
6. The meeting draws up a list of improvements that need to be undertaken, if necessary, starting with the most important task. The meeting’s tone and intent should be to maintain a collaborative, “let’s-work-out-a-solution” attitude, suggesting ways to make improvements.
7. The MC member asks the staff member to sign the letter with any amendments, stating that they agree with the content of the letter and that they will undertake to make the agreed-to improvements. If amended, the MC member and CC would also sign the letter.
8. The MC member informs the staff member that if there is a lack of improvement at the end of the next two weeks, a second warning will be issued. The MC member also informs the staff member that if the specific behaviour were to reoccur after the initial two-week period, another warning would be issued, which would constitute the second warning.
9.  Both the staff member and the CC should follow through on the plan over the next two weeks, at which point a followup meeting, to be attended by the staff member, CC and the MC member would be held to review progress.

Second and subsequent warnings

If at the two-week followup meeting, there has been a lack of improvement, a second warning would be issued, reiterating what tasks still require attention. This second meeting would follow points a-g, after which the MC member would inform the staff member that if there is a lack of improvement at the end of the next two weeks, a third and final warning would be issued, after which the matter, including a recommendation from the Co-op Coordinator, would go to the MC for final adjudication, which may result in the termination of employment.

Summary dismissal

In the case of serious and wilful misconduct, for example, theft, fraud or assault, a staff member may be dismissed summarily by the MC, which means on the spot, without notice and pay entitlement. The whole MC must agree. The MC confirms the summary dismissal in writing to the staff member.

Appeals process

1. The staff member can appeal their dismissal. To appeal, the staff member must write to the MC within 14 days of the date of the dismissal letter.
2. The appeal is heard at a special MC meeting within 28 days of the date of the dismissal. The staff member can speak at the meeting and can have a support person speak for them and help them. The staff member can submit comments in writing and can be present when others give information to the MC. The staff member has a right of reply.
3. The MC meeting must reach consensus to either accept or reject an appeal. The MC writes to the staff member with its decision within two working days of the appeal.
4. If the appeal is successful, the staff member is reinstated and all pay, leave and other conditions are calculated as if the staff member were not dismissed in the first place.
5. If the staff member is dismissed after more than three months’ employment, then the MC will provide a written certificate of employment, stating how long the staff member worked and the position held.