Counselling and Disciplinary Procedure. 3.1 In the event that an Employee fails to maintain standards of conduct and/or standards of performance after the first six (6) months of employment under this Agreement the following procedures will apply:
(a) The Employer will have a discussion with the Employee in which it will advise the Employee of the allegation of misconduct or unsatisfactory performance.
(b) The Employee will have the opportunity to respond to the allegations and provide an explanation.
(c) If a satisfactory explanation is not provided, and subject to the facts being established, as well as taking into account any mitigating factors, the Employer may issue a written warning to the Employee concerned.
Counselling and Disciplinary Procedure. The Company and Employees will consult on a regular basis to ensure clear understanding by all Parties of expected performance outcomes. Regular feedback should be given to Employees by supervisors regarding such expected performance outcomes.
Counselling and Disciplinary Procedure. This procedure is to be followed for all disciplinary cases, for cases of unsatisfactory performance or conduct, or for breaches of procedures including safety, environmental, sexual harassment or drugs and alcohol procedures.
Counselling and Disciplinary Procedure. This procedure is to be followed for all disciplinary cases, for cases of unsatisfactory performance or conduct, or for breaches of procedures including safety, environmental, sexual harassment or drugs and alcohol procedures. This procedure shall not apply to employees engaged on a probationary or casual basis.
19.1.1 Step 1 - Verbal Warning/Counselling Where the Company has a first concern regarding the performance and/or conduct of an employee, this Step shall be taken: An explanation of the concern and the performance and/or conduct expectations of the Company will be given. The employee will be given an opportunity to provide an explanation. The Company will consider this explanation and any relevant facts. If the explanation offered by the employee is not reasonable, the employee will be reminded of this procedure and that this is the first warning. At that time the Company will inform the employee that failure to correct the performance and/or conduct, or any other problems with the employee’s performance or conduct may lead to further warnings or dismissal The warning is to be documented and the employee is to receive formal notification. The employee under counselling will be made aware of the standards of improvement in performance and/or conduct that are to be made.
19.1.2 Step 2 - Written Warning If the company has a second concern about the performance and/or conduct of the employee regarding reasonable standards of performance and/or conduct, this step shall be taken: The Company will explain its concern with the standards of performance and/or conduct of the employee. The employee will be given an opportunity to provide an explanation. The company will consider this explanation and any relevant facts. If the explanation offered by the employee is not reasonable, a written warning is to be given referring to the first warning (at Step 1) and the opportunity previously given for improvement, if applicable. The written warning will inform the employee that it is a written warning and that failure to meet the stated standards of improvement or any further instances of poor performance and/or conduct may lead to dismissal without further warning. The written warning will also provide feedback to the employee on how to improve his / her performance and/or conduct.
19.1.3 Step 3 - Dismissal If the company has a third concern relating to the standards of performance or conduct of the employee, this Step shall been taken: The Company will explain its...
Counselling and Disciplinary Procedure. 18.1. The procedures for investigating and dealing with alleged under-performance and misconduct set out below will be applied in an even-handed, fair and transparent way. The process will give employees every opportunity to respond to allegations against them, and to understand and meet the required standards of job performance and personal behaviour.
18.2. AWU members are entitled to be represented by the AWU or any other representative of his or her choosing at every stage of any disciplinary process if they so choose. Employees who are not AWU members may also choose to be represented by the AWU or another representative of his or her own choosing. The representative will be entitled to speak on the employee’s behalf during any discussions or meetings.
18.3. An employee may nominate an AWU Official as his or her representative at any stage of any disciplinary process in which he or she is involved. If an employee nominates an AWU Official as his or her representative for a disciplinary process, the steps in that disciplinary procedure must take place at premises other than where building work is performed (“off-site”).
18.4. The off-site meetings and/or discussions will be scheduled during the ordinary working hours of the relevant employee(s). If a number of employees are parties to the disciplinary process and their ordinary working hours vary, the meetings and/or discussions will be scheduled during the ordinary working hours of the majority of these employees.
18.5. The Company will determine the location of the off-site meetings and/or discussions. However, the location must be convenient to the employee(s) involved, such as within a short distance of the employees’ usual place of work. If the off-site meetings and/or discussions are to take place at a location further than 2 kilometres from site, the Company will provide transport to the off-site location for the employee(s) at the Company’s expense.
18.6. The Company must release all employees relevant to the disciplinary procedure including the AWU delegate or other employee representative without loss of pay to attend any off- site discussions and/or meetings as required.
18.7. If an allegation of under-performance or misconduct is made against an employee, an agreed independent investigator shall investigate the allegation.
18.8. An employee will be granted a proper opportunity to respond to any allegations. To that end:
a) The employee will be provided copies of any material that the Company...
Counselling and Disciplinary Procedure. This Procedure shall not apply where actions and/or behaviour of an employee are such as to constitute grounds for summary dismissal. In any reasonable case where the actions and/or behaviour of an employee are unacceptable to the employer the employee shall be counselled. This will be "on the run" and is part of the day to day working relationship. The employee will be advised that this is the informal stage of counselling. Should the counselling "on the run" be unsuccessful, the employee shall be formally counselled in the presence of the Union delegate or any other authorised representative. The employer shall clearly identify the unacceptable actions and/or behaviour and advise in writing on corrective measures and a review date. Where the formal counselling has failed to correct the unacceptable actions and/or behaviour a further review will occur and will incorporate a final written warning to the employee identifying the unacceptable actions and/or behaviour, the corrective measures and a review date. Where the formal counselling has failed to correct the unacceptable actions and/or behaviour a further review will occur and will incorporate a final written warning to the employee identifying the unacceptable actions and/or behaviour, the corrective measures required, review date and advising of subsequent steps which may be taken. If no change occurs by the review date and after reviewing of all facts the employer may exercise the options available and downgrade the employee or provide alternative non driving duties or direct the employee on disciplinary leave or give notice or termination. Where warnings have been made under the procedure prescribed herein and a subsequent review shows that the appropriate corrective measures have been taken by the employee, then the warning shall be withdrawn from the employee’s file after the expiration of a 12 month period. Consideration of previous driving records/history should be taken into account prior to recommending disciplinary action.
Counselling and Disciplinary Procedure. (a) Supervisors and Managers will counsel employees in regard to minor instances of unacceptable behaviour rather than allow them to go unchecked until disciplinary action is needed.
(b) When disciplinary action is needed, the following procedure will be used:
(i) As soon as a Supervisor becomes aware of a situation or circumstance possibly requiring disciplinary action, the Supervisor will notify their one up manager who will ensure that the Site Manager is promptly advised.
(ii) The Site Manager will have the matter investigated as soon as practicable after receiving the advice.
(iii) Should the Site Manager decide that disciplinary action is possible then the employee will be interviewed in the presence of the Union Delegate or a representative requested by the employee.
(iv) The Site Manager will make the employee fully aware of the reasons when disciplinary action is proposed and will give the employee an opportunity to explain the behaviour.
(v) If the Site Manager decides to take disciplinary action then the employee will be given a first warning in writing in the presence of the Union Delegate or the employee’s representative. A copy of the warning will be placed on the employee’s file.
(vi) If further disciplinary action in respect to the same employee is taken by the Site Manager then a second and final warning will be given in writing in the presence of the Union Delegate or his/her representative and a copy placed on the employee’s file.
(vii) If further disciplinary action is needed in respect to the same employee then the employee may be formally terminated in the presence of the Union Delegate or the employee’s representative.
(viii) Written warnings held on employees’ files will lapse and may not be used for further disciplinary action after a period of twelve (12) months.
(ix) If the Site Manager decides that serious misconduct has occurred then a Union Organiser will be advised by telephone and given the opportunity to attend when disciplinary action is being advised to the employee. Such action may exclude the above procedure and include immediate suspension for a period of 24 hours to allow the Union Organiser time to review. However, the Company will in no way be prejudiced in any subsequent proceedings before the Commission or court as a result of having suspended rather than immediately summarily dismissing as provided in Clause 24 of this agreement. If serious misconduct justifying summary dismissal has occurred, but the site manage...
Counselling and Disciplinary Procedure. 28.1 The employee counselling and disciplinary procedure shall include the following steps:
(a) First verbal counselling/Warning (noted on Personnel File).
(b) First Written Warning
(c) Final Written Warning
(d) Termination of employment by TD.
28.2 On each occasion/incident warranting use of the disciplinary procedure the TD will undertake an investigation into the incident (if that is the basis for the disciplinary process), this may require the participation of directly concerned employees in an interview process. In the above procedures the employee/s concerned shall be made aware of his/her entitlement to have an employee representative or a witness present. A request for a witness or an employee representative to be present, shall not be unreasonably withheld.
28.3 Notwithstanding the above, TD shall have the right to dismiss an employee without notice for serious misconduct that justifies instant dismissal and in such cases the wages shall be paid up to the time of dismissal only. Similarly, if severity of the circumstances warrant, one or more of the steps of the procedure may be by-passed to enable adequate attention to be given to any incident.
Counselling and Disciplinary Procedure. Counselling and Disciplinary Procedure will be in accordance with the “Vamp Cranes (SA) Pty Ltd”, Discipline Policy”. This policy will not be amended during the nominal life of this agreement without consultation with the Employees.
Counselling and Disciplinary Procedure. 32.1 In the event of the company having to take corrective action as a result of the employee's behaviour or performance the employees(s) shall be subject to a disciplinary/counselling procedure. Initial counselling will address the matter with the aim to correct the circumstances and avoid any further occurrence, A formal procedure shall be adopted to incorporate: 1st instance A verbal warning in the presence of a witness On repeat A written warning by the Superintendent in the Presence of the Xxxxxxxxxx and the employee’s nominated representative Further occurrence Termination of employment by the Business Manager in the presence of the employee’s nominated representative An employee being given a written warning may request the presence of his\her respective employee’s nominated representative as a witness. A copy of the warning may be made available to the employee’s nominated Job Delegate with the employee's consent. A written copy of each stage of the above process shall be recorded in the employees file.
32.2 Notwithstanding the above, the employer shall have the right to dismiss any employee without notice for gross misconduct.
