Conduct and Performance Clause Samples

Conduct and Performance. Serious Misconduct 17.1 For the purposes of this Contract, Serious Misconduct includes, but is not limited to, the Contractor or any of its employees, agents or subcontractors involved in supplying the Services to RECALL: (a) being under the influence of alcohol or drugs while supplying the Services other than a prescribed drug which does not impair the ability to supply the Services; (b) in the reasonable opinion of RECALL being dishonest, objectionable or abrasive to either RECALL, the RECALL Customers, or to any person during the course of, or at any time when, performing the Services and such conduct damages the reputation of RECALL; (c) falsifying documents relating to the business of RECALL or deliberately overstating rates, hours worked or timings on the runsheets; (d) being fraudulent or, in the reasonable opinion of ▇▇▇▇▇▇, negligent in the supply of the Services; (e) knowingly disclosing false information at the time of entering into this Contract; (f) failing to follow safety rules as reasonably required by RECALL or RECALL’ customers; (g) failing to obtain and keep current insurance as set out in clause 7; (h) failing to obtain and keep current any licenses or permits required for the operation of any vehicle; (i) refusing any lawful and reasonable direction or request by RECALL in relation to the Services. (j) Any breach of Confidentiality (Clause 10) Agreement. Unsatisfactory Performance by the Contractor 17.2 In the event that ▇▇▇▇▇▇ considers that the Contractor is not satisfactorily performing its obligations under this Contract, but it is not conduct which falls within clause 17.1 or 17.3, RECALL shall: (a) Give notice to the Contractor in writing of the matters constituting the unsatisfactory performance; (b) Nominate in the written notice, a period during which the Contractor has an opportunity to improve its performance, which period shall not be less than one month; and (c) Review the further performance of the Contractor at the end of the nominated period with the Contractor. 17.3 If at the end of the nominated period ▇▇▇▇▇▇ considers that the performance of the Contractor has not improved to a satisfactory level, then RECALL may terminate this Contract by giving one months’ written notice to the Contractor or make a payment in lieu of such notice equivalent to the remuneration that would have been generated by the Contractor had the notice been given. Such payment will be calculated by averaging the immediate preceding three months’...

Conduct and Performance. 3 Nurses are expected to comply with Legacy Health policies for conduct and 4 performance. Nurses are responsible for knowing the rules and standards for 5 individual behavior. 6

Conduct and Performance. The employer expects all employees to undertake their work to the expected standard in line with the organisations policies, procedures, Code of Conduct, Values and the employees position description. The parties recognize that the employer is able to manage and support the improvement of underperformance in the workplace with the primary outcome identifying goals and supports to support an improvement in the employee’s overall performance and/or conduct. In managing the performance or conduct of an employee, and assessing any disciplinary action that may be appropriate, the seriousness of the underperformance or conduct must be considered. As a result, the levels of discipline in this procedure may not be sequential. In cases of serious misconduct, termination of employment may be considered to be the appropriate disciplinary action, without the employee having been given formal or other warnings and/or without prior counselling or coaching. Serious misconduct is as defined under the Act and involves an employee deliberately behaving in a way that is inconsistent with the continuing their employment. Examples include causing serious and imminent risk to the health and safety of a person or the reputation, viability or profitability of the employers business, theft, fraud, assault, sexual harassment, being intoxicated at work or refusing to carry out a lawful and reasonable instruction that is part of the role.

Conduct and Performance. In relation to police officers, the Chief Officer of the force to whom direction and control has passed should assess and investigate misconduct and performance matters. If it is determined that there is a case to answer in respect of misconduct but not gross misconduct, then (subject to paragraph 192) disciplinary proceedings should be conducted by an officer from the force whose Chief Officer has direction and control under the collaboration agreement. The same principle applies if there is a case to answer in respect of unsatisfactory performance or attendance, but not gross incompetence. The Chief Officer of the force to whom direction and control has passed may also suspend an officer where the statutory conditions are met.

Conduct and Performance. The parties agree to amend the current Part 7 Discipline and Dismissal clauses and rename as Conduct, Performance and Termination of Employment. This adds greater clarification and guidance to the conduct provisions and introduces a separate process for performance matters. The amended Part 7 is detailed in the tracked changes of the Collective Agreement provided.

Conduct and Performance. The College will not be required to commence a performance or conduct management procedure, as detailed in this clause: a) where an employee’s employment is terminated during the employee’s minimum employment period; b) for a casual employee. Where the College is considering performance management that may continue up to and including termination of employment for reasons related to the Employee’s performance or conduct, the College will implement the procedure in this clause. A formal performance or conduct management procedure will commence with the College advising the Employee in writing of: (i) the College's concern(s) with the Employee’s performance or conduct; (ii) the time, date and place of the first formal meeting to discuss the Employee’s performance or conduct; (iii) the Employee’s right to be accompanied by a Representative of their choice at all meetings scheduled to discuss the Employee’s performance or conduct; (iv) the College's right to terminate the employment should the procedure not resolve the College's concern(s). Formal performance or conduct management meetings will: (i) include discussion of the College's concern(s) with the Employee’s performance; (ii) give the Employee an opportunity to respond to the College's concern(s); (iii) include discussion of any counselling or assistance, where appropriate, available to the Employee; (iv) consult with the Employee in regard to the timeline of the performance or conduct management procedures; (v) include documentation, where appropriate; (vi) set periods of review, as appropriate. Concern(s) with an Employee's performance or conduct may be resolved by: (i) taking no further action; (ii) counselling or issuing a verbal warning; (iii) issuing the Employee with a warning or a final warning in writing; (iv) terminating the employment of the Employee in accordance with the relevant notice provision; (v) other action, appropriate to the situation or conduct; If, after following the procedure in this clause, the College's decision is to terminate the employment of the Employee, then the College will give the required period of notice or payment in lieu of notice.

Conduct and Performance