Employers must keep records for each employee, which say what offences an employee committed, what disciplinary action was taken, and why the action was taken.

If there is repeated misconduct, the employer must give the employee warnings. A final warning for repeated misconduct or serious misconduct must be given in writing.

There must be a fair hearing:

• If the employee is a shop steward, the employer must first inform and consult the union before the disciplinary hearing.
• The employee must know in advance what the charges are against him or her.
• The employee must be given enough time to prepare for a hearing (approximately 1 or 2 working days).
• The employee must be present at the hearing and be allowed to state his or her case.
• The employee must be allowed to be represented at the hearing by a shop steward or co-employee of his/her choice.
• The employee must be allowed to see documents and cross-examine evidence used against him or her.
• The employer should bring all witnesses against the employee to the hearing. The employee should have a chance to cross-examine witnesses called against him or her.
• The employee should be allowed to call witnesses.
• The employee must be given reasons for any decisions taken.
• The chairperson of the hearing should not be biased against the employee charged with misconduct.

Sometimes, if the employer has only a very small business, there might be some leniency as to how the employer meets all these requirements.