The Management of Drakes Supermarkets is committed to a staff discipline and dismissal policy that complies with the principles of fairness as set out in the Fair Work Act 1994 (SA), the Industrial Relations Act 1999 (QLD) and the Fair Work Act 2009 (Cth). It is our policy to ensure that when dismissing an employee, we must: Have a valid reason for the dismissal Be procedurally fair Ensure that dismissals are with notice, except in the case of summary dismissal for serious misconduct. All verbal and formal warnings, reasons for dismissals and events will be recorded accurately as they occur in order to ensure that the company s legal position is safeguarded. It is the objective of Drakes Supermarkets management to deal with the matter in a fair and reasonable manner when disciplining or dismissing an employee.to this end we aim: To ensure that the dismissal is not seen as being harsh, unjust or unreasonable. There will always be a valid reason for termination of employment related to the employee s performance, capacity, conduct, or the operational requirements of the business. The reason for dismissal will not be discriminatory or unfair To be fair in the procedures of disciplining an employee. Drakes Supermarkets has policies and procedures, as set out in this document, in relation to discipline and dismissal that must be adhered to. The strategies for carrying out the policy and procedures include: Clearly defined procedures for achieving our aims in relation to discipline and dismissal of employees Managers and supervisors provided with appropriate and adequate instruction, training and information to enable them to fulfill their responsibilities. Warnings and Dismissal As part of Drakes Supermarkets disciplinary procedure, warnings should be given as a response to: Acts of misconduct that are serious but would not justify summary (instant) dismissal, and; Unsatisfactory work performance. Warnings given to an employee should always be in writing (this includes formal counselling and verbal warnings). Poor Performance or Misconduct Not Justifying Summary Dismissal Step 1 Formal Counselling Formal counselling is to be used when an employee has a minor breach of a company policy or procedure or when a new employee is not demonstrating the required performance, or a change in performance from an existing staff member has occurred. The immediate manager should inform the employee of his/her deficiency and of the correct conduct or performance required. This discussion is a formal discussion where the department manager or store manager should meet one on one with the employee in a private area to discuss the nature of the misconduct or deficiency in performance. It is not a requirement for an employee to be offered a witness during a formal counselling session. The manager does not require a witness to be present at this session either. However, if of their own accord, the employee requests to have a witness present, they are entitled to this. If the employee has a witness present, then so must the manager. The manager must verbally inform the employee of the required standard and the employee may be referred to training or to the company s policies and procedures which can be found on the Drakes Portal. The employee must be given the opportunity to respond. If a reasonable explanation of the poor conduct or performance is provided, then do not complete the online Performance Management Form. If the employee s explanation is not acceptable, the formal counselling should be recorded using the online Performance Management Form located on the Drakes Portal or in the Record of Disciplinary Performance Management Meeting Book if the Portal is not functional. The formal counselling should state the nature of the misconduct or deficiency and does not need a review date if a review date is not deemed to be necessary. Step 2 Verbal Warning A verbal warning can be issued after an employee has been formally counselled on the misconduct or deficiency. In addition, a verbal warning can be issued as the first warning (rather than using formal counselling) if an employee has breached a policy or procedure or demonstrated unsatisfactory work performance which the department manager or store manager deems to be significant. Current Version: 8.2 Page 1 of 9 Review Date: 12/05/2018
The immediate department manager or store manager should inform the employee of his/her deficiency and of the correct conduct or performance required. This discussion is a formal discussion where the manager should meet one on one with the employee in a private area to discuss the nature of the continued misconduct or deficiency in performance. A meeting date and time is to be set and the employee must be informed that they are entitled to have a witness present at that meeting. In most cases, employees under the age of 18 years should have a parent or guardian present at the meeting. The manager will always have a management witness present. The manager must verbally inform the employee of the required standard and the employee may be referred to training or to the company s policies and procedures which can be found on the Drakes Portal. The employee must be given the opportunity to respond. Once the employee has responded, the meeting must be suspended while the manager or supervisor and management witness consider the employee s response. Once an outcome has been decided on, the meeting will resume and the employee will be notified of the outcome. If a reasonable explanation of the poor conduct or performance is provided, then the disciplinary action may cease. If the employee s explanation is not acceptable, a verbal warning should be recorded using the online Performance Management Form located on the Drakes Portal or in the Record of Disciplinary Performance Management Meeting Book if the Portal is not functional. The verbal warning should briefly state the nature of the misconduct or deficiency. A review date should also be set to ensure that the employee s performance is followed up on and reviewed. The employee should be clearly informed of the required standards and conduct. The manager conducting the meeting should clarify that the employee understands the required standards and conduct. Step 3 First Written Warning A first written warning will usually be issued once an employee has been verbally warned on the misconduct or deficiency. However, a first written warning can be issued as the first warning (in-place of issuing a verbal warning) if an employee has breached a policy or procedure or demonstrated unsatisfactory work performance which the department manager or store manager deems to be of high importance. Before an employee is actually issued with a formal written warning, he/she must be informed by the department manager or store manager that a serious matter has occurred which needs to be discussed with them in a formal meeting, and that the meeting may result in disciplinary action. A meeting date and time is to be set and the employee must be informed that they are entitled to have a witness present at that meeting. In most cases, employees who are under the age of 18 years should have a parent or guardian present at the formal meeting. The manager will always have a management witness present. A letter informing the employee of the formal meeting may be used if it is felt to be appropriate, especially in the case of management staff. The employee will be advised of the serious nature of the matter as part of the letter, and that it could result in disciplinary action. This meeting is a formal discussion where the manager should meet with the employee, the employee witness and the management witness in a private area to discuss the nature of the misconduct or deficiency in performance. At the meeting, present the employee with all the information and evidence you have gathered and ask for the employee s version of events. Where the problem is poor work performance, the manager should clearly explain how the employee s performance falls short of the company s expected standards. In the case of misconduct, the manager will inform the employee of the unacceptable conduct and identify the breach of company policy. It is preferential to show the employee a copy of the policy which relates to the discussion. The employee must be given the opportunity to respond to the allegations made against him/her. Once the employee has responded, the meeting must be suspended while the manager or supervisor and management witness consider the employee s response. Once an outcome has been decided on, the meeting will resume and the employee will be notified of the outcome. If a reasonable explanation of the poor conduct or performance is provided, then the disciplinary action may cease. If the employee s explanation is not acceptable, a first written warning should be recorded using the online Performance Management Form located on the Drakes Portal or in the Record of Disciplinary Performance Management Meeting Book if the Portal is not functional. The written warning should clearly state the nature of the misconduct or deficiency as well as the improvement required. A review date should also be set to ensure that the employee s performance is followed up on and reviewed. The employee should be clearly informed of the required standards and conduct. The manager conducting the meeting should clarify that the employee understands the required standards and conduct. Current Version: 8.2 Page 2 of 9 Review Date: 12/05/2018
Step 4 Second Written Warning If the employee s performance does not improve within the review period, or there is another occurrence of misconduct on the same issue which a first written warning was given, then a second written warning may be given to the employee. The process outlined for the first written warning would apply, including the organisation of the meeting, the offering of a witness and the discussion of the issue from the manager, as well as the employee s response. However, employees who are under the age of 18 years must have a parent or guardian present at the formal meeting. The employee must be given the opportunity to respond to the allegations made against him/her. Once the employee has responded, the meeting must be suspended while the manager or supervisor and management witness consider the employee s response. Once an outcome has been decided on, the meeting will resume and the employee will be notified of the outcome. If a reasonable explanation of the poor conduct or performance is provided, then the disciplinary action may cease. If a reasonable explanation of the poor conduct or performance is provided, then the disciplinary action may cease. If the employee s explanation is not acceptable, the second written warning should be recorded using the online Performance Management Form located on the Drakes Portal or in the Record of Disciplinary Performance Management Meeting Book if the Portal is not functional. The second written warning should state clearly that this is a final warning and that if the employee s performance or conduct does not improve then the employee may be dismissed. Step 5 First and Final Written Warning A first and final warning is to be issued if an employee has seriously breached a policy or procedure or demonstrated blatant unsatisfactory work performance which the store supervisor, fresh food supervisor or store manager deems to be of high significance. The Human Resources Manager must be contacted before a store supervisor, fresh food supervisor or a store manager issues a first and final warning. Before an employee is actually issued with a first and final warning, he/she must be informed by the store supervisor or store manager that a serious matter has occurred which needs to be discussed with them in a formal meeting, and that the meeting may result in disciplinary action. The process outlined above for a first written warning would apply, including offering a witness and the discussion of the issue from the manager, as well as the employee s response. Employees who are under the age of 18 years must have a parent or guardian present at the meeting. Once the employee has responded to the allegations, the meeting must be suspended and the manager must contact the Human Resources Manager Depending on the severity of the misconduct, the Human Resources Manager may develop a formal letter to be issued to the staff member as the documentation for the first and final warning. In turn, the Human Resources Manager may instruct the supervisor or the manager to document the warning using the online First and Final Warning Form located on the Drakes Portal or in the Record of Disciplinary Performance Management Meeting Book if the Portal is not functional, rather than a letter being written by Human Resources. Step 6 Dismissal If an employee s conduct or performance does not improve following a second warning or a first and final warning, then the employee should be dismissed. The Human Resources Manager must be contacted before a store supervisor, fresh food supervisor or a store manager dismisses an employee. In circumstances where an employee has breached a security policy, the Security Manager must be contacted. Before an employee is actually dismissed, he/she must be informed by the store supervisor, fresh food supervisor or store manager that a serious matter has occurred which needs to be discussed with them in a formal meeting, and that the meeting may result in disciplinary action. A meeting date and time is to be set and the employee must be informed that they are entitled to have a witness present at that meeting. All employees who are under the age of 18 years must have a parent or guardian present at the formal meeting. The manager will always have a management witness present. The employee should be informed that, given the further occurrence of the conduct or poor performance, Drakes Supermarkets is of the opinion that there is no other alternative but to dismiss. List the allegations or deficiencies in the employee s performance and give the employee an opportunity to respond. Once the employee has responded, the meeting must be suspended and the manager or supervisor must contact the Human Resources Manager. In discussion between the store supervisor, the fresh food supervisor, the store manager and the Human Resources Manager, the employee s response is to be considered, or any other reasons the employee feels that he/she should not be dismissed. Current Version: 8.2 Page 3 of 9 Review Date: 12/05/2018
If dismissal is appropriate, the Human Resources Manager will prepare a letter of dismissal. Consideration will be given as to whether the employee will work out their notice period. This will be formally documented in the letter. If the employee is not required to work out their notice period, the letter of dismissal from the Human Resources Manager will inform the employee of their payment in lieu (if applicable). Role of the Witnesses During a Formal Meeting During formal meetings, both the manager s witness and the employee s witness are present as witnesses to the discussion. In most circumstances, witnesses are not permitted to comment or interrupt a formal meeting between a manager and an employee. If the employee is under the age of 18 years, in most cases a parent or guardian should be present to ensure procedural fairness and support their child. However, the parent or guardian should not speak on the child s behalf. The manager s witness is not permitted to comment during a formal meeting, unless it is to add positive statements to the discussion. Completing the Required Documentation Once you have selected either the Performance Management Form link or the First and Final Warning Form link on the Drakes portal, refer to the instructions listed at the top the page. Period of Notice and/ or Payment in Lieu of Notice When dismissing an employee in circumstances other than for serious misconduct, Drakes Supermarkets will provide the appropriate amount of notice to the employee. This is the amount of time that the employee stays on and works after he/she has been informed that their position has been terminated. The Drakes Supermarkets Retail Agreement 2012 allows the following period of notice: Period of Continuous Service Minimum Period of Notice Less than 1 year 1 week 1 year and less than 3 years 2 weeks 3 years and less than 5 years 3 weeks 5 years and over 4 weeks The notice period is increased by 1 week if the employee is over 45 years of age and has completed at least 2 years of continuous service. Where it is undesirable for the employee to continue to work for the company, Drakes Supermarkets will pay the employee payment in lieu of working the notice period. In line with the Drakes Supermarkets Retail Agreement 2012, the period of notice will not apply in the case of Summary (instant) Dismissal or in the case of casual employees or employees engaged for a specific period of time or for a specific task or tasks. Dismissal for Absenteeism The procedure Drakes Supermarkets management will take before dismissing an employee for continued lateness/ unauthorised absence is the same procedure outlined above for poor performance or misconduct. The supervisor/manager should: Obtain evidence of the employee s lateness or absence. This can be achieved by reviewing KRONOS records Ensure the employee has had a chance to explain why they were late/ absent Ensure the employee does not have a reasonable explanation for being late/ absent before proceeding with disciplinary action. The absence of an employee from work, without just cause, for a continuous period of 2 working days or more, without the consent of the employee s manager, and without notification to the employee s manager, will be taken that the employee has abandoned employment. A letter from the Human Resources Department will be sent to Current Version: 8.2 Page 4 of 9 Review Date: 12/05/2018
the employee to ensure that he/she is given a final opportunity to contact the company in relation to his/her absence. The letter will state that failure to contact the manager will result in the termination of their employment. Should the employee not contact the manager by the date outlined in the letter the employee s employment will be terminated. Summary (Instant) Dismissal Summary dismissal (or instant dismissal) is dismissal without notice, which results when an employee is guilty of serious misconduct. Conduct which justifies summary dismissal strikes at the heart of the employment relationship it amounts to a repudiation of the contract of employment (written or implied). Therefore summary dismissal is not an appropriate response to poor performance. However, the principles of procedural fairness will apply in the case of summary dismissal. The following are some examples of serious actions that would justify instant dismissal: Serious breach of work health and safety legislation Engaging in any form of criminal activity (i.e gambling, selling illegal substances) on any Drakes premises Taking or being under the influence of prohibited drugs, substances or alcohol on Drakes premises Possession of illegal weapons on company premises Unauthorised disclosure of confidential company information to an external party Harassment of any other fellow employee, member of the public, contractor or visitor Providing unauthorised discount Stealing of cash, stock or goods from the company, fellow employees or customers Fraudulent activity of any nature Verbal or physical abuse of any employee, member of the public, contractor or visitor Intentional damage to company property or equipment Defamation of the business or any of its employees Serious and deliberate breach of company policies and procedures. The employee should not be dismissed merely on suspicion of misconduct. A full investigation into whether the misconduct took place will be conducted by the Human Resources Department in consultation with the store supervisor, fresh food supervisor or store manager, and the Security Manager (if applicable).this could involve interviewing other employees who were witnesses and considering whether there were any mitigating circumstances. The Human Resources Manager and/ or the Security Manager are to be involved and informed of the outcomes of any interviews, as well as any evidence collated as part of the investigation. The company may rely not only upon the specific misconduct which motivated the dismissal, but also on any other evidence which comes to light as other related elements of the employee s conduct. If the incident requires no investigation, the employee must be informed of the details of the conduct or performance that is causing concern. The employee is also to be informed by the store supervisor, fresh food supervisor or store manager that a serious matter has occurred which needs to be discussed with them in a formal meeting, and that the meeting may result in the termination of their employment. A meeting date and time is to be set and the employee must be informed that they are entitled to have a witness present at that meeting. All employees who are under the age of 18 years must have a parent or guardian present at the formal meeting. The manager will always have a management witness present. The employee must be given a chance to respond to the allegations against him/her. If the Human Resources Manager, store supervisor, fresh food supervisor or store manager is still not satisfied with the employee s explanation, then the employee s employment may be terminated for serious misconduct. A termination letter will be written by the Human Resources Manager. While the employee is not eligible for a period of notice or payment in lieu of notice, he/she is still eligible for their final pay entitlement for hours already worked, and may be entitled to payment for any accrued but unused annual leave or accrued but unused long service leave. The Long Service Leave Act 1987 (SA) Section 5 (4) details that an employee is not entitled to payment if the employee s contract is terminated on the grounds of serious and willful misconduct on the part of the employee or the contract is unlawfully terminated by the worker. The Industrial Relations Act 1999 (QLD) Part 3 Division 2, details that an employee is not entitled to payment if the employee s contract is terminated due to conduct, capacity or performance.this decision will be at the Company s discretion. The termination letter will clearly state the employee entitlements. Suspending an Employee Suspension is where the obligations of the employee cease and work is not performed. The contract of employment itself, however, is not terminated. Suspension of an employee, with pay, may occur in the case of misconduct which is felt to be serious but which does not justify summary dismissal. Suspension of employment is not an appropriate response to poor performance. Current Version: 8.2 Page 5 of 9 Review Date: 12/05/2018
Suspension with pay may be utilised by a store supervisor, fresh food supervisor or store manager, following approval from the Human Resources Manager, in the situation where there is an allegation of serious misconduct against an employee and the management of Drakes Supermarkets does not wish the employee to be on the premises while conducting an investigation. There must be good grounds for suspension of an employee. Generally it is when the employee has committed serious misconduct and suspension is appropriate because of the nature of the misconduct. For example, the employee poses a real threat to a fellow worker(s), such as in the case of sexual harassment allegations, or the misconduct poses a threat to the business, such as alleged theft. The period of suspension should be no longer than is absolutely necessary. Accordingly, the Human Resources Manager or the Security Manager (in the case of criminal matters) will be involved in the completion of the investigation to ensure that the matter is resolved as quickly as possible. On the completion of the investigation, the Human Resources Manager or Security Manager (in the case of criminal matters) will contact the employee involved to organise a meeting date and time, and to inform the employee that they are entitled to have a witness present at that meeting. All employees who are under the age of 18 years must have a parent or guardian present at the meeting. The manager will always have a management witness present. This meeting is a formal discussion where the Human Resources Manager or Security Manager will meet with the employee, the employee s witness and the management witness in a private area to discuss the outcomes of the investigation. During the meeting the employee must be given a chance to respond to the allegations against him/her. If the Human Resources Manager is still not satisfied with the employee s explanation, then the employee s employment may be terminated for serious misconduct. A termination letter will be written by the Human Resources Manager. While the employee is not eligible for a period of notice or payment in lieu of notice, he/she is still eligible for their final pay entitlement for hours already worked, and may be entitled to payment for any accrued but unused annual leave. In South Australia, the Long Service Leave Act 1987 (SA) Section 5(4) details that an employee is not entitled to payment if the employee s contract is terminated on the grounds of serious and willful misconduct on the part of the employee or the contract is unlawfully terminated by the worker. The Industrial Relations Act 1999 (QLD) Part 3 Division 2, details that an employee is not entitled to payment if the employee s contract is terminated due to conduct, capacity or performance. Whether the employee will receive payment for unused but accrued long service leave will be at the discretion of the Company. The termination letter will clearly state the employee entitlements. Probationary Employment Drakes Supermarkets reserves the right to terminate the employment of an employee, without notice, at any time during their probationary period if we believe that you are not suited to the role (refer to the Drakes Supermarkets Probationary Period Policy). The Human Resources Manager is to be informed by the store supervisor, fresh food supervisor or the store manager before any employee is terminated during their probationary period. Constructive Dismissal A constructive dismissal is where an employee terminates his/her employment as a consequence of actions or words by the employer that results in the employee effectively having no reasonable choice or alternative but to resign, retire or comply with substantial changes to his/her existing job. To avoid legal cases resulting from allegations of constructive dismissal, managers/supervisors should: Take employee allegations seriously (e.g. allegations of sexual harassment, bullying or unsafe working conditions) and investigate/ address those concerns Not give an employee the impression that they have no option other than to resign in order to avoid some other prejudicial consequence. An example would be a threat that unless the employee resigns, a matter (such as an alleged theft by the employee) will be reported to the police Not unilaterally and without good reason alter the duties of an employee. A substantial variation to the employee s employment conditions (including changes in remuneration) should be implemented with the employee s consent or acquiescence to the change. Current Version: 8.2 Page 6 of 9 Review Date: 12/05/2018
Dismissal for Illness or Injury Illness may be grounds for dismissal of an employee if the condition adversely affects the employee s ability to carry out duties the position requires. However, temporary absence from work because of illness or injury is a prohibited reason for dismissal. Unless the employee is on paid sick leave, an absence from work because of illness or injury is not temporary if: The absence extends for more than three months; or The total absence within a one year period (whether because of one or more illnesses or injuries) extends for more than 3 months The Human Resources Manager and the Risk Manager, in consultation with the employee s store supervisor, fresh food supervisor and store manager should proceed as follows: Step 1 Ascertain the employee s sick leave entitlements. An employee who has any entitlement to sick leave should not be dismissed. Step 2 Decide how long the position can be held open, or if it can be filled on a temporary basis. Step3 Consider alternative/ light duties for the employee s return to work Step 4 Arrange a date and time for a formal meeting to be held with the employee. The employee is to be given the opportunity to be represented at the meeting, and also to comment on the situation. All employees who are under the age of 18 years must have a parent or guardian present at the formal meeting. The manager will always have a management witness present. A written record of the meeting should be taken. At the meeting, the following issues should be discussed: When the employee thinks he/she may return to work Alternative/ light duties if return to work is indicated The concerns of Drakes Supermarkets regarding the absence of the employee That the company will investigate all relevant details The company s need of written consent to obtain medical information. The employee s written consent for the company to obtain medical information should be obtained. (Consult with the Risk Manager regarding the Drakes Authority Medical Information Form and see the Drakes Portal for Letter to Doctor ) The company s need to terminate employment if an investigation indicates a prolonged absence from work That the position can only be kept open to a certain date which will need to be determined after all the facts have been considered and then termination may need to take place The stress factors for the employee What assistance the company may be able to offer if termination takes place Step 5 Consider the doctor s estimate of the employee s return to work date and the doctor s estimate of the employee s ability to perform the tasks for which they had originally been employed to perform. Record the information. Consider the employment of temporary staff as an option. Record the investigation regarding temporary staff including availability of a suitable replacement and all costs that would be incurred in hiring another employee. Step 6 Evaluate the information collected from inquiries. Decide whether the position could be reasonably held open until the employee returns to work. Factors that the Human Resources Manager would give consideration to include: The employee s sick leave entitlements The employee s length of service The employee s personal circumstances The availability of temporary staff The alternative/ light duties available (including training) How threatening the absence of the employee is to the business The company s contribution to the circumstances giving rise to the illness The type of leave the employee is on during the illness Assuming the decision to terminate employment is likely: Step 7 Decide on the date of termination if the employee is unable to return to work. Current Version: 8.2 Page 7 of 9 Review Date: 12/05/2018
Step 8 The Human Resources Manager will again meet with the employee, with a management witness and the employee s representative or support person present. All employees who are under the age of 18 years must have a parent or guardian present at the meeting. The manager will always have a management witness present. The Human Resources Manager at the meeting will take into account that it is stressful for an employee to lose his/her job and that stress may be increased by the illness. At the meeting, the following points should be discussed: Present the facts of the investigation to the employee Invite suggestions of alternatives from the employee or their representative/support person Tell the employee of the date on which the termination will take place if they are unable to return to work Inquire of the employee what assistance can be given to support the employee in the future Consider any suggestions made by the employee or their representative/ support person. The minutes of the meeting must be recorded. After the meeting: Step 9 Inform the employee of the decision to terminate the employment and confirm this in writing to them. The letter is to include details on payment for any accrued but unused annual leave or accrued but unused long service leave Step 10 Actively assist the dismissed employee if possible and record any such assistance. Redundancy Drakes Supermarkets Senior Management will only consider making an employee redundant if the job the employee was performing is to no longer be performed, or has been altered to incorporate additional skills or lesser skills than were required of the employee performing the job. In the case of these circumstances, the employee performing the job is therefore no longer required. In the case of redundancy the employee will be given the requisite notice and severance pay as set out in the Drakes Supermarkets Retail Agreement 2012. Drakes Supermarkets will adopt the principles of procedural fairness in relation to the redundancy of any of our employees. The employee will be given warning of the impending retrenchment in accordance with the Drakes Supermarkets Retail Agreement 2012. The employee will be invited to a meeting by the Human Resources Manager and advised that the meeting concerns his/her position in the company and that he/she could be made redundant. The employee will be advised that he/she is welcome to bring a representative to the meeting. All employees who are under the age of 18 years must have a parent or guardian present at the meeting. The manager will always have a management witness present. At the meeting, the Human Resources Manager will explain that management is considering making the employee s position redundant and explain the commercial reasons why. The following will also be discussed (where applicable): Possible alternative employment. If no position exists this will be communicated to the employee The selection criteria to be adopted if more than one employee is involved in the possible redundancy Alternatives to the redundancy that the employee or their representative may suggest An opportunity for the employee to consider the matter. At the end of the meeting, a second meeting is to be arranged. As short a time frame as is practicable should be set for the second meeting. The Human Resources Manager should inform the employee that at the next meeting the progress the company has made regarding the redundancy will be discussed and any comments/suggestions made by the employee or their representative will be listened to. The employee will be advised that he/she is welcome to bring a representative to the second meeting. All employees who are under the age of 18 years must have a parent or guardian present at the meeting. The manager will always have a management witness present. At the second meeting, the following will be discussed: Any comments the employee has made about the redundancy The possibility of alternative positions, part-time or contract work Any further arguments as to why the position will have to be made redundant. Current Version: 8.2 Page 8 of 9 Review Date: 12/05/2018
The Human Resources Manager will advise the employee that further consideration will be given to what they have said and discussion will follow when management has made a decision. After due consideration has been given to the employee s concerns and representation, a final meeting should be called. The employee will be advised that he/she is welcome to bring a representative to the meeting. All employees who are under the age of 18 years must have a parent or guardian present at the meeting. The manager will always have a management witness present. At the meeting, the Human Resources Manager is to advise the employee that Drakes Supermarkets Senior Management has considered his/her comments but is unable to accept or adopt them. The reasons will be clearly explained to the employee and the employee will be advised that the company is going to make his/her position redundant. The Human Resources Manager will then provide the employee with a letter of redundancy will clearly state the employee entitlements. In the event that the redundancy does result the Drakes Supermarkets Retail Agreement 2012 outlines the employee s entitlement to severance pay. Cross Reference to: Fair Work Act 2009 (Cth) Fair Work Act 1994 (SA) Drakes Supermarkets Retail Agreement 2012 Industrial Relations Act 1999 (QLD) Long Service Leave Act 1987 (SA) Induction Policy Probationary Period Policy Authority Medical Information Form Letter to Doctor Roger Drake Managing Director November 2017 Current Version: 8.2 Page 9 of 9 Review Date: 12/05/2018