Invitation to Discuss Conduct Letter

This template letter can be used to direct an employee to attend a meeting to discuss allegations of workplace misconduct. Procedural fairness requires that an employee be given the opportunity to respond to allegations of misconduct before a decision is made about the outcome. Misconduct vs performance This letter is not intended for situations where the employee’s performance, rather than conduct, is the issue. Determining whether an employee’s behaviour classified is more appropriately classified as underperformance or misconduct can be difficult, and is discussed in more detail in The role of planning when underperformance occurs. A separate Meeting Invite to Discuss Performance letter is available for dealing with performance issues. Is a formal investigation necessary? Depending on the circumstances, resolving allegations of misconduct may require a formal investigation. A formal investigation involves interviewing the parties involved and any witnesses, gathering other relevant evidence, and then making a decision about whether the conduct occurred on the balance of probabilities. A formal investigation is more likely to be appropriate where: • There are facts in dispute (for example where the employee denies that the conduct occurred) • The allegations are about serious misconduct • The allegations are likely to result in dismissal • An investigation is required under the organisation’s policies or enterprise agreement. Allegations of misconduct might be able to be resolved without a formal investigation where the alleged misconduct is minor, or where the employee admits that the behaviour occurred. More information about the investigation process is available in the Investigating allegations of misconduct article. Guidance notes and instructions are shown italicised. Guidance notes are intended to assist in preparing this sample letter and should be deleted before the letter is finalised.