Orientation

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A decision map for framing a conduct or performance matter. It is a way to think, not a mandatory employer process.

Training material only — not legal advice. Check the current legislation, applicable industrial instruments, contract, policy, evidence and case-specific advice before relying on any conclusion.

1. Name the presenting issue

Start with the thing that brought the matter to attention, without deciding too early what legal category it belongs to.

Conduct: what is alleged to have happened?
Performance: what standard was expected, and what fell short?
Capacity or attendance: is the issue ability, absence, leave or communication?
Complaint or relationship issue: who has raised what concern?
Safety or wellbeing: is there an immediate risk requiring attention first?
Mixed matter: are several of these present at once?

2. Separate facts, allegations and decisions

Ask three different questions

What is known or evidenced?
What is alleged but contested?
What decision, if any, has already been made?

A pre-existing decision can change the legal analysis. Do not describe a proposed outcome as if it were already settled, and do not treat an allegation as a finding.

3. Check for immediate issues

Before analysing sanction or dismissal, identify anything that may require immediate action or a different source of advice:

Immediate safety, medical or welfare risk.
Evidence that may be lost, altered or inaccessible.
Possible workers compensation, protected leave or incapacity.
Privacy, surveillance or sensitive medical information.
A complaint, inquiry, union activity or other potentially protected conduct.

4. Identify the sources that may control

Do not assume the Fair Work Act is the only source. Check which of these may matter:

Agreement or policyWhat procedure, standard or obligation does it actually create?General protectionsCould the reason be connected to a workplace right or protected activity?Capacity and adjustmentCould medical information, disability or adjustment questions change the analysis?Safety and WHSIs the workplace issue separate from the disciplinary question?

5. Map parallel pathways

A conduct or performance matter may engage more than one pathway. Use the parallel pathway map before narrowing the issue to unfair dismissal.

6. Decide what is still uncertain

Write down the unanswered questions. A useful next step is usually the one that resolves the most important uncertainty, not the one that moves the matter fastest toward a sanction.

Before moving to a decision

Can the employee understand the substance of the concern?
What contrary explanation or evidence remains?
What source governs the standard or process?
Which parts are legal requirements, factual assessments or local choices?
What non-dismissal outcomes remain open?

← Return to the guide · Open the glossary · Open the pathway map