Which disciplinary step is appropriate for this misconduct?

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    "name": "Which disciplinary step is appropriate for this misconduct?",
    "public_slug": "hr-disciplinary-process",
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    "description": "Guides managers and HR professionals to the appropriate step in the disciplinary process based on the nature and severity of the misconduct. Following the correct procedural step protects the organisation legally and ensures the employee receives a fair process. Always consult HR before initiating any formal disciplinary action.",
    "mode": "decision",
    "entry": "Q1",
    "tags": [
      "hr",
      "employee relations",
      "disciplinary",
      "people management"
    ],
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  "questions": [
    {
      "id": "Q1",
      "text": "Is this the employee's first disciplinary matter with the organisation, and do they have no active prior warnings on their record?"
    },
    {
      "id": "Q2",
      "text": "Does the alleged misconduct constitute gross misconduct — that is, a single act so serious that it fundamentally and irreparably breaches the employment relationship?"
    },
    {
      "id": "Q3",
      "text": "Does the current matter involve a pattern of repeated behaviour for which prior warnings have already been issued?"
    },
    {
      "id": "Q4",
      "text": "What is the severity of the alleged misconduct in terms of its actual or potential impact on the organisation, other employees, or third parties?"
    },
    {
      "id": "Q5",
      "text": "Has the employee received any active written warning for similar conduct — whether a first written warning or a final written warning?"
    },
    {
      "id": "Q6",
      "text": "Is the active warning specifically a final written warning — the last formal stage before dismissal?"
    }
  ],
  "outcomes": [
    {
      "id": "INFORMAL",
      "label": "Informal Discussion"
    },
    {
      "id": "VERBAL",
      "label": "Verbal Warning"
    },
    {
      "id": "WRITTEN",
      "label": "Written Warning"
    },
    {
      "id": "FINAL_WRITTEN",
      "label": "Final Written Warning"
    },
    {
      "id": "SUSPENSION",
      "label": "Suspension / Dismissal Proceedings"
    }
  ],
  "dsl": "dag: Which disciplinary step is appropriate for this misconduct?\nversion: 1.0.0\nimage: https://images.unsplash.com/photo-1589829545856-d10d557cf95f?w=1200&q=80\ndescription: Guides managers and HR professionals to the appropriate step in the disciplinary process based on the nature and severity of the misconduct. Following the correct procedural step protects the organisation legally and ensures the employee receives a fair process. Always consult HR before initiating any formal disciplinary action.\ntags: hr, employee relations, disciplinary, people management\nentry: Q1\n\nQ1: Is this the employee's first disciplinary matter with the organisation, and do they have no active prior warnings on their record?\n  hint: Check the employee's HR file for any live warnings before answering. Warnings are typically active for a defined period — commonly 6 to 12 months for a verbal warning and 12 to 24 months for a written warning — after which they expire and cannot be relied upon to escalate the current matter. If a prior warning is expired, treat this as a first offence for procedural purposes. If you are unsure of the employee's disciplinary history, contact HR before proceeding.\n  yes -> Q2\n  no  -> Q3\n\nQ2: Does the alleged misconduct constitute gross misconduct — that is, a single act so serious that it fundamentally and irreparably breaches the employment relationship?\n  hint: Gross misconduct typically includes acts such as theft, fraud, physical violence, serious harassment or discrimination, deliberate destruction of company property, serious breach of confidentiality, or being under the influence of alcohol or drugs at work. It is a high threshold — most first-time misconduct does not meet it. If you are in any doubt whether the act meets the gross misconduct threshold, err on the side of treating it as ordinary misconduct and seek HR advice. Gross misconduct allegations always require a formal investigation before any sanction is applied.\n  yes -> Q4\n  no  -> [INFORMAL]\n\nQ3: Does the current matter involve a pattern of repeated behaviour for which prior warnings have already been issued?\n  hint: A pattern exists where the employee has been warned for the same or similar behaviour previously and has not sustained improvement. Isolated incidents of different types of misconduct, even if the employee has a prior warning for something unrelated, may not constitute a pattern — consider whether the prior and current matters are of a similar nature. Document the dates, subject matter, and outcome of all prior warnings clearly before escalating, and confirm with HR that the prior warnings were procedurally sound and are still within their active period.\n  yes -> Q5\n  no  -> Q2\n\nQ4: What is the severity of the alleged misconduct in terms of its actual or potential impact on the organisation, other employees, or third parties?\n  hint: Consider both actual harm caused and the potential harm that could have resulted. High-severity acts include those involving dishonesty, violence, serious safety breaches, or significant financial or reputational damage. Moderate-severity acts include insubordination, unauthorised absence, minor policy breaches, or conduct that disrupts the team but has not caused material harm. For all matters at this stage, a formal investigation must be completed before any sanction decision is made — do not conflate investigating with sanctioning.\n  A: Moderate severity — misconduct is serious but not gross misconduct -> [VERBAL]\n  B: High severity — gross misconduct is confirmed following investigation -> [SUSPENSION]\n\nQ5: Has the employee received any active written warning for similar conduct — whether a first written warning or a final written warning?\n  hint: A patterned misconduct situation with an active written warning on file warrants escalation within the formal disciplinary framework. Confirm the exact type of warning — a first written warning and a final written warning carry different procedural implications and map to different next steps. Check the HR file carefully: the warning must be currently active (within its stated period), must relate to the same or substantially similar conduct, and must have been issued following a procedurally sound process. If the prior warning was procedurally flawed, consult HR before relying on it to escalate the current matter.\n  yes -> Q6\n  no  -> [WRITTEN]\n\nQ6: Is the active warning specifically a final written warning — the last formal stage before dismissal?\n  hint: A final written warning is explicitly communicated to the employee as the last step before termination if the conduct or performance does not improve. If the active warning on file is a first written warning, the appropriate escalation is to a final written warning — not directly to dismissal proceedings. Only proceed to suspension or dismissal where the active warning is a final written warning and the current matter is of a similar nature. Confirm the wording of the prior warning letter with HR to verify it was issued as a final warning and not merely described informally as such.\n  yes -> [SUSPENSION]\n  no  -> [FINAL_WRITTEN]\n\n[INFORMAL]: Informal Discussion\n  color: #4ade80\n  description: An informal discussion is the proportionate first response to minor misconduct where no prior warnings exist. The manager should have a private, respectful conversation with the employee that clearly explains the concern, the expected standard of behaviour, and what improvement is needed. This discussion does not form part of the formal disciplinary record but should be documented with a brief follow-up note to the employee's file. Set a review period of two to four weeks and confirm in writing what was discussed. If behaviour does not improve, the next step is a formal verbal warning with HR involvement.\n  code: HR_DISC_01\n\n[VERBAL]: Verbal Warning\n  color: #facc15\n  description: A formal verbal warning is appropriate for a first instance of moderate misconduct where the informal route has either been exhausted or is not appropriate given the nature of the conduct. Before issuing the warning, ensure a fair investigation has been completed and the employee has been given the opportunity to respond to the allegations with the right to be accompanied. Issue the verbal warning in a formal meeting, confirm it in writing to the employee within 24 hours, and retain a copy on the employee's HR file. State the active period of the warning (typically six to twelve months), the improvement required, and the potential consequence of further misconduct. Arrange a follow-up review before the warning expires.\n  code: HR_DISC_02\n\n[WRITTEN]: Written Warning\n  color: #f97316\n  description: A written warning is appropriate where the employee has an active prior warning for similar conduct, or where the current misconduct is of sufficient seriousness to warrant escalating beyond a verbal warning. Engage HR before issuing a written warning to confirm the correct procedure has been followed and that all investigation steps are complete. The warning letter must specify the nature of the misconduct, the improvement required, the duration the warning will remain active (typically twelve months), and the consequences of further misconduct including escalation to a final written warning or dismissal. Provide the employee with details of the appeal process and retain all documentation securely.\n  code: HR_DISC_03\n\n[FINAL_WRITTEN]: Final Written Warning\n  color: #ef4444\n  description: A final written warning signals that the employment relationship is at serious risk if the conduct or behaviour does not change immediately and permanently. HR must be directly involved in drafting and issuing a final written warning to ensure procedural compliance and protect the organisation from unfair dismissal claims. The letter must be unambiguous that further misconduct of any kind — or a failure to meet the stated improvement targets within the defined period — may result in dismissal. Confirm the employee's right to appeal and the name of the person to whom an appeal should be directed. Schedule a formal review meeting before the warning's expiry date to assess whether improvement has been sustained.\n  code: HR_DISC_04\n\n[SUSPENSION]: Suspension / Dismissal Proceedings\n  color: #7f1d1d\n  description: Where gross misconduct is confirmed following a full and fair investigation, or where an employee subject to a final written warning has committed further misconduct, dismissal may be the appropriate outcome. HR and, in most cases, legal counsel must be involved before any dismissal decision is made or communicated. Where the investigation is still ongoing and the employee's continued presence poses a risk to the business, other employees, or the integrity of the investigation, suspension on full pay may be appropriate as a neutral act — not a disciplinary sanction — pending the outcome. Ensure the dismissal process includes a formal outcome meeting, written confirmation of the decision and its reasons, and clear communication of the employee's right to appeal within a defined timeframe. Retain all investigation and process documentation indefinitely.\n  code: HR_DISC_05\n"
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