In Australia, a Notice of Intention to Take Action (NOITTA) is an essential step in maintaining fairness and transparency in workplace disciplinary processes. Under the Fair Work Act 2009, employees must be given the opportunity to understand allegations, respond, and rectify issues before any disciplinary action — including dismissal — is taken.
The Fair Work Act 2009 provides the foundation for NOITTA, ensuring employees are treated fairly. It establishes that before disciplinary action can occur, employees must be:
The primary aim of issuing a NOITTA is to:
This process protects both employer and employee by ensuring fairness and compliance with Australian workplace law.
The employer identifies and documents performance or conduct concerns.
An informal meeting is held with the employee to discuss issues and provide an opportunity to respond.
If concerns remain, a formal NOITTA is issued, outlining the reasons for potential disciplinary action.
The employee is given reasonable time to prepare and submit a response.
The employer meets with the employee to consider their response before making a decision.
To ensure compliance and fairness, employers should:
A Notice of Intention to Take Action (NOITTA) safeguards fairness in the workplace by balancing the rights of employees with the responsibilities of employers. By following the legal framework and best practices, businesses can manage performance or conduct issues effectively while respecting employee dignity.
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