Common use of Disciplinary Matters Clause in Contracts

Disciplinary Matters. 42.1 An Employee required to attend a disciplinary or performance meeting will be entitled to ordinary pay for the duration of the meeting. 42.2 When a question is raised about the Employee’s underperformance, conduct or behaviour, the Employer will conduct a fair investigation, having proper regard to procedural fairness and the factors set out below. 42.3 Important procedural factors include: (a) That the reason for any interview is explained to the Employee. (b) A reasonable opportunity is to be provided for a representative or support person of the Employee’s choice to attend any interviews or meetings conducted by the Employer with the Employee, provided that this shall not unduly delay processes. Other than the Employee, attendance may be in person, by videoconference or by telephone. (c) Prior to a response being sought from the Employee to the matters raised, the Employee will be provided, in writing, relevant details of the Employer’s concerns and specific allegations, as well as possible outcomes if the allegations are proven or the underperformance continues. (d) The Employee will be given the opportunity to respond to the concerns or allegations. This may be given in writing, and any responses given shall be taken into account before a decision is reached. (e) The Employee may decline to answer any questions relating to the investigation. In which case, the Employer may reach a decision based on the information and evidence to hand. (f) If the Employee raises an issue in their response to concerns or allegations that warrants further investigation, the Employer shall take reasonable steps to investigate the other matters either concurrently or at a later time if the issue is not relevant to the outcome of the performance/ underperformance concerns. (g) The Employer may suspend an Employee with pay (including allowances, loadings and penalty rates) for a period as is reasonably necessary to conduct the investigation or to deliver the outcome of the investigation. (h) When the investigation has been completed, the Employer will advise the Employee of the Employer’s decision in regard to the outcome of the investigation in writing, with reasons provided for the outcome. Where the outcome is delivered in a meeting, the Employee may invite a support person or representative to be present.

Disciplinary Matters. 42.1 An Employee required to attend a disciplinary or performance meeting will be entitled to ordinary pay for the duration of the meeting. 42.2 When a question is raised about the Employee’s underperformance, conduct or behaviour, the Employer will conduct a fair investigation, having proper regard to procedural fairness and the factors set out below. 42.3 Important procedural factors include: (a) : That the reason for any interview is explained to the Employee. (b) . A reasonable opportunity is to be provided for a representative or support person of the Employee’s choice to attend any interviews or meetings conducted by the Employer with the Employee, provided that this shall not unduly delay processes. Other than the Employee, attendance may be in person, by videoconference or by telephone. (c) . Prior to a response being sought from the Employee to the matters raised, the Employee will be provided, in writing, relevant details of the Employer’s concerns and specific allegations, as well as possible outcomes if the allegations are proven or the underperformance continues. (d) . The Employee will be given the opportunity to respond to the concerns or allegations. This may be given in writing, and any responses given shall be taken into account before a decision is reached. (e) . The Employee may decline to answer any questions relating to the investigation. In which case, the Employer may reach a decision based on the information and evidence to hand. (f) . If the Employee raises an issue in their response to concerns or allegations that warrants further investigation, the Employer shall take reasonable steps to investigate the other matters either concurrently or at a later time if the issue is not relevant to the outcome of the performance/ underperformance concerns. (g) . The Employer may suspend an Employee with pay (including allowances, loadings and penalty rates) for a period as is reasonably necessary to conduct the investigation or to deliver the outcome of the investigation. (h) . When the investigation has been completed, the Employer will advise the Employee of the Employer’s decision in regard to the outcome of the investigation in writing, with reasons provided for the outcome. Where the outcome is delivered in a meeting, the Employee may invite a support person or representative to be present.