Counselling and Disciplinary Procedure Sample Clauses
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. 24.1. 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.
24.2. AWU members are entitled to be represented by the AWU or AWU Company or Project Delegate or any other representative of their choosing at any and every stage of any disciplinary process if the Employee so choose. Employees who are not AWU members may also choose to be represented by the AWU or AWU Company or Project Delegate or another representative of their own choosing. The representative will be entitled to speak on the employee’s behalf during any discussions or meetings.
24.3. An Employee may nominate an AWU Official as their representative at any stage of any disciplinary process in which they are involved.
24.4. 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.
24.5. 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 discussions and/or meetings as required.
24.6. If an allegation made against an Employee, an independent person external to the matter/ allegation agreed by the Employee and Company shall investigate the allegation.
24.7. 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 relevant material that the Company or investigator will take into account when deciding whether the allegation is made out, and be given an opportunity to comment on that material;
b) The Employee will be allowed to gather evidence in relation to the allegation;
c) All allegations must be put in writing to the Employee,
d) The Employee and/or their representative may access to any person who may be a witness or able to provide evidence on their behalf. The Employee and/or their representative must act lawfully in exercising this access at all times.
24.8. If the allegation is made, the Company will:
a) Explain clearly the standard...
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. In the event of Xxxxxx considering taking corrective action as a result of an employee's behaviour or performance, the employee concerned shall be subject to this Counselling and Disciplinary procedure. Where a formal procedure is initiated, the employee shall be advised of his/her right to have a support person present for the meeting. The role of the support person is to provide support, not to advocate on behalf of the employee. The formal procedure will incorporate: 1st Instance – a formal verbal warning of which the parties shall retain a record of discussions. 2nd Instance – a written warning issued by the employee’s Manager including: • Details of the unacceptable behaviour/performance, • Details of the expected standard of behaviour/performance and the time frame within which such behaviour/performance shall occur and, • The consequences of failing to meet the accepted standard. 3rd further Instance – termination of employment providing a full and proper investigation has occurred. Notwithstanding the above, Xxxxxx shall have the right to bypass any of the steps outlined above depending on the seriousness of the matter and to dismiss any employee without notice for conduct that justifies instant dismissal, including misconduct, malingering, neglect of duty, and in such cases wages shall be paid up to the time of dismissal only.
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. 9.2.1 If an employee fails to maintain satisfactory performance levels, the following Counselling Procedure will be applied.
9.2.2 Step 1 Verbal Warning/Counseling
(a) An explanation of the concerns about the employee, together with CPB expectations, will be clearly outlined in the presence of another employee (who is on the job and available) of the employee's choice. The employee may also elect not to have an employee witness this verbal warning / counselling.
(b) The employee will be given right of reply to the verbal warning / counselling.
(c) The employee being counseled will be made aware of the standards of improvement required.
(d) This will constitute the first warning, which is to be documented.
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. 26.1 In the event of the Company having to take corrective action as a result of an employee's behaviour or performance the employee or employees shall be subject to a counselling and disciplinary procedure. Initial counselling will address the matter with an aim to correct the circumstances and avoid any further occurrence. If initial counselling is not sufficient and if the circumstances warrant then a formal procedure shall be adopted to incorporate: • 1st instance A verbal warning by the supervisor • 2nd Instance A written warning by the Contract Manager in the presence of the Supervisor • 3rd instance A final written warning by the Contract Manager in the presence of the Supervisor • Further occurrence Termination of employment by the Contract Manager
26.2 Notwithstanding the procedure outlined above a formal counselling may be delivered at any stage dependant on the circumstances and the severity of the employees' behaviour or performance. An employee subject to this procedure may request the presence of his/her employee representative as a witness. A copy of the warning may be made available to the employee representative with the employee's consent. If the employee involved is dissatisfied with the process at any stage then the matter shall be dealt with in accordance with the Avoidance of Disputes Procedure outlined in Clause 8 of this Agreement.
26.3 Notwithstanding the above, the employer shall have the right to dismiss any employee without notice for conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty and in such cases the wages shall be paid up to the time of dismissal only.