Conduct Management Clause Samples
The Conduct Management clause sets out the standards and expectations for behavior and performance by parties involved in an agreement. It typically outlines acceptable conduct, procedures for addressing misconduct, and may specify disciplinary actions or corrective measures if standards are not met. By clearly defining how conduct is managed, this clause helps maintain professionalism, prevent disputes, and ensure a respectful and productive working relationship.
Conduct Management. 1.3.1 Where the Employer is considering termination of employment for reasons related to an Employee’s conduct, the Employer will implement the procedure in this clause.
1.3.2 The Employer will advise the Employee in writing of:
a. the Employer’s concern(s) with the Employee’s conduct;
b. the time, date and place of the meeting to discuss the Employee’s conduct;
c. the Employee’s right to be accompanied by a nominee of the Employee’s choice at any meeting scheduled to discuss the Employee’s conduct;
d. the Employer’s right to terminate the Employee’s employment should the Employer’s concern(s) not be resolved.
1.3.3 The formal conduct management meeting(s) will:
a. include discussion of the Employer’s concern(s) with the Employee’s conduct;
b. give the Employee an opportunity to respond to the Employer’s concern(s).
1.3.4 Concern(s) with an Employee’s conduct may be resolved by:
a. summary dismissal, where the Employee is guilty of serious misconduct of a kind such that it would be unreasonable to require the Employer to continue the employment during the notice period;
b. issuing the Employee with a warning or a final warning in writing;
c. terminating the employment of the Employee in accordance with the relevant notice provision;
d. no further action;
e. other action, appropriate to the situation.
Conduct Management. Where the Employer is considering termination of employment for reasons related to an Employee’s conduct, the Employer will implement the procedure in 30.6 and 30.7.
Conduct Management. (a) Where Woodleigh School considers a Staff Member’s conduct is inappropriate/unacceptable and may lead to termination of employment, Woodleigh School will apply the following procedure in the management of that inappropriate or unacceptable conduct.
(b) Woodleigh School will formally advise the Staff Member of:
(i) Woodleigh School’s concerns with the Staff Member’s conduct;
(ii) the time, date and place of the meeting to discuss the Staff Member’s conduct;
(iii) the Staff Member’s right to be accompanied by a Nominated Representative of the Staff Member’s choice at any meeting scheduled to discuss the Staff Member’s conduct;
(iv) Woodleigh School’s right to terminate the Staff Member’s employment should Woodleigh School’s concerns not be resolved.
(c) The formal conduct management meeting(s) will:
(i) include discussion of Woodleigh School’s concern with the Staff Member’s conduct;
(ii) give the Staff Member an opportunity to respond to Woodleigh School’s concerns.
Conduct Management. Managing concerns about conduct
(a) Concerns about an employee's conduct, including performance issues that may constitute misconduct, will be managed in accordance with Each policies and procedures.
(b) Where Each considers it appropriate to deal with a conduct or performance matter informally and without record, this will be the preferred method of management.
(c) Actions to be taken must be proportionate to the employee's conduct, including any continuing misconduct or poor performance and previous disciplinary actions in respect of the same or similar conduct by the employee.
(d) Each policies and procedures will set out:
(i) a procedure to follow if disciplinary issues arise;
(ii) rights of an employee to be provided with written allegations if an investigation into their conduct is to occur;
(iii) rights of an employee to have a representative and/or support person during any investigation, including the ability for the representative or support person to attend interviews or meetings conducted by Each with the employee;
(iv) rights of an employee to answer or respond to any concerns or allegations; and
(v) possible disciplinary actions that may be taken.
(e) This clause does not limit Each's ability to terminate an employee's employment summarily or with notice where the employee has engaged in misconduct warranting termination. Confidentiality
(f) Conduct and performance matters will be addressed confidentially unless disclosure is necessary under this Agreement or law.
(g) If an employee believes that evidence should be obtained from individuals who have knowledge of the concerns, the employee or their representative must advise Each, who will take reasonable steps to obtain the evidence.
Conduct Management. Where the Employer is considering termination of employment for reasons related to an Employee's conduct, the Employer will implement the procedure in cl.28.7 and cl.28.8. The Employer will not be required to implement this procedure where dealing with an allegation/s of serious misconduct however the Employer will provide the Employee with an opportunity to formally respond to any allegations. This will include offering an Employee the opportunity to have a support person present.
Conduct Management. Without limiting the rights of the College or the Employee under any Act, the College will adopt the following procedure where the College is considering termination of employment for reasons related to the Employee’s conduct. (This procedure will not apply where the Employer considers the Employee may have committed serious misconduct.) The College will advise the Employee in writing of:
i) The commencement of the conduct management procedure;
ii) The time, date and place of the meeting to discuss the Employee’s conduct;
iii) The Employee’s right to be accompanied by a nominee of their choice at all meetings scheduled to discuss the Employee’s conduct;
iv) The College’s right to terminate the Employee’s employment should the College’s concerns not be resolved. The formal conduct management meeting(s) will:
i) Include discussion of the College’s concern with the Employee’s conduct;
ii) Give the Employee an opportunity to respond to the College’s concerns unless the College could not reasonably have been expected to provide the Employee with that opportunity;
iii) Include discussion of any counselling or assistance, where appropriate, available to the Employee. The number of formal conduct management meetings required for a particular employee is a matter for the discretion of the College. Concern with an Employee’s conduct may be resolved by:
i) Issuing the Employee with a warning, or a final warning in writing, according to the nature of the conduct;
ii) Terminating the employment of the Employee in accordance with the notice provision;
iii) Summary dismissal, where the Employee has committed serious misconduct of a kind such that it would be unreasonable to require the College to continue the employment during the notice period;
iv) Other action, appropriate to the situation.
Conduct Management. Minor incidents will be brought to the participant’s attention and suggestions will be made on how to make better choices. Continued violations of this agreement will result in time-out and notification of the parent. The staff will seek parental support to resolve issues and to encourage positive program participation. Participants who remain disruptive after consultation with the parents may be dismissed from the program. It is the responsibility of the caregiver to make immediate arrangements to pick up the participant if this is deemed necessary by program staff.
Conduct Management. Minor incidents will be brought to the participant’s attention and suggestions will be made on how to make better choices. Continued violations of this agreement will result in time-out and notification of the parent. The staff will seek parental support to resolve issues and to encourage positive program participation. Participants who remain disruptive after consultation with the parents may be dismissed from the program. It is the responsibility of the caregiver to make immediate arrangements to pick up the participant if this is deemed necessary by program staff.