Counselling Procedure. In the case where an employee’s inappropriate behaviour is adverse to the goals and objectives of the company, or affecting the operational performance of the company or breaching any statutory requirements (Anti-discrimination, Sexual Harassment etc) the employee may be subject to a formal counselling procedure. The purpose of the counselling process will be to make the employee aware of the unacceptability of their behaviour, and give them the information, time and resources to comply with the company’s requirements. Should the employee not amend their behaviour, they may be subject to disciplinary action up to and including dismissal.
Counselling Procedure. 1. A formal counselling process will apply to matters such as habitually poor time-keeping, unacceptable absenteeism, continuous errors made after training period completed, mischievous or malicious communication to customers, regular unauthorised use of the company’s telephone system.
2. When counselling fails and offences are repeated, the employee will be issued with a formal warning with the union delegate in attendance. If no improvement occurs the next step will be an official final warning (recorded in writing) administered with the union representative in attendance. If the unacceptable behaviour continues at any time in the future, the employee having already received and official final warning, will be dismissed. These warnings shall remain valid for the period of 12 months unless otherwise agreed between the parties involved.
3. In the case of insubordination this will be handled at two levels of management, for example the manager or supervisor involved together with the employee’s immediate superior and the same two step counselling and warning procedure will be followed.
4. In all cases where an employee refuses the duties for which such an employee was employed, other than on substantiated safety grounds, or for that matter, refuses any lawful command, employment may be terminated.
5. In cases where employee behaviour results in a criminal act, the company may press charges and refer the matter to the police for direct action and terminate employment for example theft, assault, property damage, drug taking whilst at work, breaking and entering any of the company’s premises, tampering with any installed security device or system, passing confidential information to any of our competitors etc.
Counselling Procedure. 3.3.1 An employee whose behavior or performance is considered unacceptable or requiring improvements shall be counselled as to the Company’s expectations.
3.3.2 Where such counselling is not successful, formal written warnings may be necessary. Formal written warnings will be issued by a supervisor and shall be recorded. The employee concerned may choose to have a witness present. In issuing a formal warning, the Company representative will advise the employee what action is required to rectify the situation.
3.3.3 Prior to any dismissal, an employee will be given a final warning, in writing, and advised of the consequences of the employee not rectifying the situation.
3.3.4 This clause does not apply to gross misconduct warranting summary dismissal.
3.3.5 At the discretion of the Company, an employee involved in misconduct (other than Acts of Dishonesty) may be stood aside on normal pay pending an investigation.
3.3.6 Any employee, where proven has failed to follow policy and procedure and results in the loss of stock and/or cash will result in disciplinary action and reimbursement to the company of monies to the value of stock and/or cash loss.
3.3.7 Any employee who causes injury to themselves or others resulting form the failure to follow Linfox Policies and Procedures will be subject to disciplinary action, which may include termination.
Counselling Procedure. 27.1. The employer shall follow a disciplinary procedure directed towards improving the conduct, performance and work standard of each employee.
27.2. The employer shall take all reasonable steps to make known to employees, by way of verbal and or printed communication, the required standard of performance and conduct which is expected whilst at the workplace or in circumstances which would directly impact on the workplace.
27.3. The employer shall have a counselling and warning procedure, which shall be consistent with the terms of this clause.
27.4. When the employer is to issue a warning to an employee the following steps shall be observed:
(a) The employee shall be advised of the complaint against them;
(b) The employee shall be entitled to place their defence to the complaint and the employer shall consider such response prior to issuing the warning;
(c) The employer shall advise the employee what shall be expected of the employee to improve their work performance or conduct and the employer shall provide the employee with any reasonable assistance to achieve the required standard of performance and or conduct;
(d) The warning shall be recorded in writing and the employee shall be requested to sign the warning and shall be given a copy thereof;
(e) The warning shall contain the complaint raised by the employer, the response or defence given by the employee and any follow-up, which may be required. The warning shall also note the seriousness of the complaint and if the employee's employment is in jeopardy or likely to be in jeopardy;
(f) The employee shall be entitled to have the employee representative, or union delegate whichever is the case, present at all stages of the warning if so requested.
27.5. An employee who disregards the seriousness of a warning or refuses to acknowledge counselling may be terminated provided the employee is advised that their behaviour in disregarding the warning and or counselling may result in termination.
27.6. The employer may, in lieu of termination, with the consent of the employee representative, or union delegate - whichever is the case, stand-down the offending employee without pay for a period of one working day and up to twenty working days. However, the employer shall not adopt this alternative for the same employee more than once in any twelve-month period.
Counselling Procedure. In any case where the actions of an employee are unacceptable to the employer, the employee will be counselled as a prerequisite to the commencement of termination proceedings, except that this clause will not apply where the actions are so serious as to constitute grounds for summary dismissal.
Counselling Procedure. The Employer’s counselling policy is designed to assist both management and Employees in dealing with situations which arise from time to time that result in an Employee being counselled, disciplined and whose employment may possibly be terminated. The overall objective of these procedures is to ensure that Employees are treated justly and that the Employer and their customers are protected. This is done by distinguishing between those terminations that result after previous warnings (ie dismissal, with notice) and those which occur without the need for warnings (ie summary dismissal). Employee’s should refer to the Employer’s Policy which details the process on this matter and will always be a matter of judgement as no set circumstances are the same.
Counselling Procedure. (a) Except in the case of serious and wilful misconduct, all employees covered by the Agreement shall be entitled to: • One verbal warning • First written warning • Second written warning • Final warning, prior to termination.
(b) Prior to an employee being issued with a verbal or written warning under the counselling procedure, the Company shall hold a meeting with the employee and their chosen representatives and shall outline the reasons why the Company is intending to issue the employee with a verbal or written warning under the procedure. The employee and their chosen representative shall at this time be given the opportunity to put forward arguments to the Company as to why the counselling procedure should not be used in the particular circumstance.
(c) If the Company, however, decides to issue a verbal or written warning under the procedure, a further review meeting between the parties will take place approximately three months after the issuing of the said warning.
(d) If an employee has been provided with at least one verbal and three written warnings in relation to the employee’s performance and/or conduct and the Company is giving consideration to dismissal of the employee, the Company will meet with the employee and their representatives to explain why dismissal may be under consideration. At that time, the Company will give a full opportunity to the employee and their representatives to explain why dismissal should not occur and shall consider all alternatives to dismissal from employment.
Counselling Procedure. 13.1.1 Throughout the counselling procedure an employee may be represented by the Union or another party of their choice.
13.1.2 In any case where the actions of an employee are unacceptable to the employer, the employee will be counselled as a prerequisite to the commencement of termination proceedings, except that this clause will not apply where the actions are so serious as to constitute grounds for summary dismissal.
Counselling Procedure. 23.1 Performance or work habits issues will be dealt with by the Facilitator in a quick manner. Arnott’s Snackfoods views the decision to counsel employees as a serious occurrence and will always ensure that fairness and reasonableness apply in each case.
23.2 In every case where a performance or work habit issue occurs a first discussion will take place to make the employee aware of the issue and to give the employee a chance to explain and to fix the situation or problem. The discussion will then be followed up within a timeframe established by the Facilitator, the employee and the union delegate/employee representative.
23.3 Should the employee not meet the agreed standards then a second discussion will take place at which time a first written warning will be issued. Again the discussion will be followed up within an agreed time frame. Should the employee not meet the agreed standards then a second written warning will be issued.
23.4 Following an opportunity to meet agreed standards of performance should the employee still fail to meet the standards then his/her employment will be terminated.
23.5 Not including the above, Arnott’s Snackfoods will dismiss any employee without notice for gross negligence, wilful misconduct, or gross incompetence. Wages shall be paid up to the time of dismissal only.
Counselling Procedure. The Company shall put in place counselling procedures for its employees. The Company shall ensure that employees receive counselling, where necessary, before any warning is given and the employee shall be advised that he/she is being formally counselled under these procedures. Where possible the Company shall assist employees to improve their work performance to satisfactory standards. The employee may request the Union be in attendance. Should personal matters/issues be dealt within confidence by the Company's representative, a written advise concerning the performance issue and agreed actions shall be supplied to the employee, and a copy shall be placed on the employee's file. If after twelve (12) months, no further remedial action is required, the letter shall be removed from the file.
