Workplace mental health, ill employees, absenteeism, and return to work management masterclass: dealing with HR ‘grey areas’.
Emma Sutton & Caroline Mostafa
Addressing low-level conduct issues
In this week’s blog, we will discuss how to deal with low level conduct.
What is low-level conduct?
By low level conduct we mean being regularly late for work, taking unauthorised absences or extended breaks, minor dress code breaches or other actions short of actual misconduct..
These types of behaviours don’t typically affect workplace health and safety or the business’s reputation but, they can still affect productivity, morale and workplace culture. Clear and consistent management is necessary to maintain positive workplace standards.
Best practice tips to manage low-level conduct issues
To avoid low-level conduct from ‘snowballing’, our best practice management tips include:
1. Using workplace policies
Low-level conduct should be handled through workplace policies. Behavioural standards should be set out in position descriptions, employee handbooks, codes of conduct or specific performance management policies.
2. Ensuring early intervention and coaching for employees
Address issues and incidents promptly through informal discussions. Ask questions, offer support and use coaching to reset and clarify your expectations of employees. Because you are dealing with low-level conduct, it is not always necessary to follow a strict and formal process. Simply raising the issue at an appropriate time and place, and being emotionally responsive to the flow of the conversation is a great start. If the employee looks upset or shocked, you might want to reschedule and discuss when they feel ready.
3. Adopting a structured approach to implementing progressive discipline
Implement a step-by-step process. For example, for minor issues, have an informal chat or offer counselling to the employee, or alternatively, give a verbal warning to them so they are aware that their behaviour is an issue.
If matters continue, conduct another check-in with the employee as a reminder of the issue. However, if matters persist after this stage, progress to more robust and official mechanisms such as a formal meeting with the employee, and then consider the usual process of written warnings, investigations and/or performance or conduct improvement plans.
4. Monitoring, follow up and provide feedback
While these steps may seem minor and are therefore often overlooked, they can lead to complications later on such as having to restart the process entirely, which can be both time‑consuming and inefficient if they are not implemented.
Remember to acknowledge when the employee does improve their behaviour or performance – a quick check in or acknowledgment can go a long way.
Key take-away
Employment law, especially people management, is rarely black and white and we always encourage our clients to deal with little issues before they become big problems. It is important to document discussions, meetings, and warnings clearly, with dates, behaviour descriptions and improvement expectations in case you need to rely on them later.
Emma Sutton – esutton@nevettford.com.au – Associate Director – Litigation & Workplace Relations
Caroline Mostafa – cmostafa@nevettford.com.au – Senior Associate – Litigation & Workplace Relations
