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Disciplinary proceedings are a key component of effective workforce management. Whilst commonly associated with misconduct and dismissal, their purpose extends beyond sanctioning employees. A fair and properly conducted disciplinary process helps employers maintain workplace standards and reduce exposure to employment-related disputes.
Crucially, even where allegations of misconduct are well-founded, an employer’s position may be significantly weakened by a flawed disciplinary process.
Why disciplinary proceedings matter
Disciplinary proceedings provide a structured mechanism through which alleged misconduct or poor performance can be investigated, assessed and addressed fairly.
A robust disciplinary process serves several important functions:
Beyond safeguarding employee rights, disciplinary proceedings assist employers in demonstrating that decisions were reached through a fair and considered process.
Procedural fairness is not a formality
One of the most common misconceptions is that disciplinary proceedings are merely a procedural step before a decision is taken. In reality, procedural fairness is often central to whether a disciplinary sanction will withstand scrutiny, as the Industrial Tribunal will assess not only the alleged misconduct but also the fairness and integrity of the disciplinary process itself.
The importance of this principle was highlighted by the Maltese Court of Appeal in Stephen Briffa vs Arkadia Marketing Ltd[1], where the Court was critical of the manner in which the disciplinary process had been conducted. In particular, it noted that the employee had not been given adequate notice of the disciplinary hearing, informed in writing of the allegations against him, or afforded sufficient time to prepare a defence. The Court also expressed reservations regarding the fact that the individual who conducted the investigation formed part of the disciplinary board, observing that the investigator should ideally not participate in determining the outcome.
The judgment serves as a reminder that disciplinary proceedings must not only be fair, but also be seen to be fair. Employees should be informed of the allegations made against them, provided with a meaningful opportunity to respond, and given access to the evidence forming the basis of those allegations. Additionally, where disciplinary action is based on CCTV footage, emails, witness statements or other documentary evidence, employees should be provided with sufficient information to understand and answer the case against them.
Equally important is proper record keeping. Employers should maintain records of allegations, evidence, investigations, employee representations and the reasons for any disciplinary action ultimately taken in order to demonstrate that the process was conducted fairly and consistently.
How we can help
At Inarilaw, we assist employers in navigating all aspects of workplace discipline, including the drafting and implementation of disciplinary procedures and workplace policies. Our support also extends to workplace investigations, disciplinary boards, appeals, and proceedings before the Industrial Tribunal. By ensuring that disciplinary processes are fair, transparent and legally compliant, employers can better protect their business interests, maintain workplace standards, and reduce exposure to employment-related disputes and claims.
Conclusion
Disciplinary proceedings should not be treated as a mere box-ticking exercise. In the event of a dispute, the Industrial Tribunal will often scrutinise not only the alleged misconduct itself, but also the process followed by the employer. Employers should therefore ensure that disciplinary procedures are fair, transparent and consistently implemented in practice, as a flawed process can ultimately undermine an otherwise justifiable decision.
[1] Stephanie Briffa vs Arkadia Marketing Ltd decided by the Court of Appeal (Inferior Jurisdiction) on the 25th February 2019 with reference number 85/2018