Disciplinary Procedures. 10.1. All employees shall be treated at all times in accordance with the principles of natural justice. These principles include: 10.1.1. the right to a fair hearing including adequate notice of what is alleged and a reasonable opportunity to respond to allegations, and 10.1.2. the right to an unbiased process of judgement. 10.2. Where the employer has concerns about the work performance or conduct of an employee, other than an employee within the minimum employment period specified by the Fair Work Act, or a short term casual employee, the following disciplinary procedure will apply. 10.3. The employee shall be advised of the alleged poor work performance or misconduct, that those concerns will be dealt with in accordance with these procedures, and that a possible outcome could be a disciplinary sanction such as termination of employment. The employee shall be provided with the opportunity to respond to any such allegations at a disciplinary meeting with the relevant supervisor. An employee subject to disciplinary proceedings may be assisted or represented in any disciplinary meeting by a support person of the employee's choice from the workplace, such as a colleague, or other nominated representative including a union representative. 10.4. Nothing in this procedure shall restrict the employer’s right to summarily dismiss an employee in circumstances that warrant summary dismissal. 10.5. If the concerns are not adequately addressed at the initial disciplinary meeting, 10.5.1. In case of poor performance a warning may be issued or 10.5.2. in the case of misconduct there may be a warning or employment may be terminated with or without notice, depending on the level of seriousness of the misconduct and any mitigating factors. 10.6. Where a warning is issued, the employer shall notify the employee of the reason for the warning and detail the standards of performance and/or conduct expected. In the case of unsatisfactory performance the employer will also set a timeframe for a review of performance, and will consider reasonable measures to assist the employee to meet the required performance standards, such as mentoring or training as appropriate. The warning shall also state the consequences of not meeting the required standards of performance and/or conduct, such as further disciplinary action which could include termination of employment. 10.7. If the problem continues the matter will be discussed with the employee at a second disciplinary meeting. 10.8. In the case of unsatisfactory performance, if the concerns are not resolved at the second meeting, a second warning in writing will be given to the employee. Termination of employment for unsatisfactory performance at this stage may only occur in cases where the unsatisfactory performance has particularly serious consequences, such as placing the viability of the employer at risk or posing a serious safety risk. 10.9. In the case of misconduct, if the allegations of a recurrence of misconduct are not satisfactorily resolved at the second meeting, a second written warning may be given to the employee, or employment may be terminated, depending on the level of seriousness of the misconduct and any mitigating factors. 10.10. If the problem continues the matter will be discussed with the employee at a further disciplinary meeting. If the concerns are not resolved, the outcome may be a further warning or termination of employment. Nothing in this procedure shall prevent the employer from conducting further disciplinary meetings where the particular circumstances require it. 10.11. If after any warning a period of twelve months elapses without any further warning or action being required, all adverse reports relating to the warning must be removed from the employee's personnel file.
Appears in 3 contracts
Samples: Collective Agreement, Neighbourhood Houses and Adult Community Education Centres Collective Agreement, Collective Agreement
Disciplinary Procedures. 10.114.1 Where informal coaching is not appropriate or where the concerns are of a more serious nature, or there is a further instance of inappropriate behaviour (whether or not it is of the same nature as the initial concerning behaviour), the following disciplinary procedures may apply;
14.2 The employee shall be advised of the alleged poor work performance or misconduct and that a possible outcome could be disciplinary action. All employees The employee shall be provided with the opportunity to respond to any such allegations at an investigation or disciplinary meeting with the relevant supervisor. An employee subject to disciplinary proceedings can be assisted or represented in any disciplinary meeting by a support person or representative.
14.3 The employee shall be treated at all times in accordance with the principles of natural justice. These principles include:
10.1.1. (a) the right to a fair hearing including adequate notice of what is alleged and a reasonable opportunity to respond to allegations, and
10.1.2. (b) the right to an unbiased process of judgement.
10.2. Where the employer has concerns about the work performance or conduct of an employee, other than an employee within the minimum employment period specified by the Fair Work Act, or a short term casual employee, the following disciplinary procedure will apply.
10.3. The employee shall be advised of the alleged poor work performance or misconduct, that those concerns will be dealt with in accordance with these procedures, and that a possible outcome could be a disciplinary sanction such as termination of employment. The employee shall be provided with the opportunity to respond to any such allegations at a disciplinary meeting with the relevant supervisor. An employee subject to disciplinary proceedings may be assisted or represented in any disciplinary meeting by a support person of the employee's choice from the workplace, such as a colleague, or other nominated representative including a union representative.
10.4. Nothing in this procedure shall restrict the employer’s right to summarily dismiss an employee in circumstances that warrant summary dismissal.
10.5. 14.4 If the concerns are not adequately addressed at the initial disciplinary meeting,
10.5.1. In case of poor performance meeting a formal warning may be issued or
10.5.2issued. in the case of misconduct there may be a warning or employment may be terminated with or without notice, depending on the level of seriousness of the misconduct and any mitigating factors.
10.6. Where a warning is issued, the employer The YWCA Canberra shall notify the employee of the reason for the warning and detail the standards of performance and/or conduct expected. In the case of unsatisfactory performance the employer YWCA Canberra will also set a timeframe for a review of performance, and will consider reasonable measures to assist the employee to meet the required performance standards, such as mentoring or training as appropriate. The warning shall also state the consequences of not meeting the required standards of performance and/or conduct, such as further disciplinary action which could include termination of employment.
10.7. If the problem continues the matter will be discussed with the employee at a second disciplinary meeting.
10.8. In the case of unsatisfactory performance, if the concerns are not resolved at the second meeting, a second warning in writing will be given to the employee. Termination of employment for unsatisfactory performance at this stage may only occur in cases where the unsatisfactory performance has particularly serious consequences, such as placing the viability of the employer at risk or posing a serious safety risk.
10.9. In the case of misconduct, if the allegations of a recurrence of misconduct are not satisfactorily resolved at the second meeting, a second written warning may be given to the employee, or employment may be terminated, depending on the level of seriousness of the misconduct and any mitigating factors.
10.10. If the problem continues the matter will be discussed with the employee at a further disciplinary meeting. If the concerns are not resolved, the outcome may be a further warning or termination of employment. 14.5 Nothing in this procedure shall prevent restrict the employer from conducting further disciplinary meetings where the particular YWCA Canberra’s right to summarily dismiss an employee in circumstances require itthat warrant summary dismissal or to dismiss with notice for misconduct that is less serious but which nevertheless justifies dismissal.
10.11. If after any warning 14.6 Serious misconduct is defined in accordance with the Fair Work Act 2009:
13.6.1 conduct that is serious misconduct includes both of the following,
(a) wilful or deliberate behaviour by an employee that is inconsistent with the continuation of the contract of employment and;
(b) conduct that causes serious and imminent risk to:
(i) the health or safety of a period person; or
(ii) the reputation, viability or profitability of twelve months elapses without any further warning or action being requiredthe employer’s business
13.6.2 conduct that is serious misconduct includes, all adverse reports relating to but is not limited to, each of the warning must be removed from following:
(a) the employee's personnel file, in the course of the employee’s employment, engaging in:
(i) theft; or
(ii) fraud; or
(iii) assault;
(b) the employee being intoxicated at work;
(c) the employee refusing to carry out a lawful and reasonable instruction that is consistent with the employee’s contract of employment.
14.7 The outcome of a disciplinary procedure may include one (or more) of the following actions: – the following is not an exhaustive list of action that fall under the YWCA Canberra’s definition of disciplinary action:
(a) coaching
(b) formal warning
(c) additional training (internally or externally provided)
(d) amendment to current job duties
(e) job transfer (on both a location and duties basis)
(f) suspension from duty with pay (g) demotion (h) termination of employment
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
Disciplinary Procedures. 10.1. All employees shall be treated at all times in accordance with the principles of natural justice. These principles include:
10.1.1. the right to a fair hearing including adequate notice of what is alleged and a reasonable opportunity to respond to allegations, and
10.1.2. the right to an unbiased process of judgement.
10.29.1. Where the employer has concerns about the work performance or conduct of an employee, other than an employee within the minimum employment period specified by the Fair Work Act, or a short term casual employee, the following disciplinary procedure will apply.
10.39.2. The employee staff member shall be advised of the alleged poor work performance or misconduct, that those concerns will be dealt with in accordance with these procedures, and that a possible outcome could be a disciplinary sanction such as termination of employment. The employee staff member shall be provided with the opportunity to respond to any such allegations at a disciplinary meeting with the relevant supervisormanager(s). An employee A staff member subject to disciplinary proceedings may be assisted or represented in any disciplinary meeting by a support person of the employee's choice from the workplace, workplace such as a colleague, or other nominated representative including by a union representative.
10.49.3. The staff member shall be treated at all times in accordance with the principles of natural justice. These principles include:
9.3.1. the right to a fair hearing including adequate notice of what is alleged and a reasonable opportunity to respond to allegations, and
9.3.2. the right to an unbiased process of judgement.
9.4. Nothing in this procedure shall restrict the employer’s right to summarily dismiss an employee in circumstances that warrant summary dismissal.
10.59.5. If the concerns are not adequately addressed at the initial disciplinary meeting,
10.5.1. In case of poor performance , a warning may be issued or
10.5.2issued. in the case of misconduct there may be a warning or employment may be terminated with or without notice, depending on the level of seriousness of the misconduct and any mitigating factors.
10.6. Where a warning is issued, the employer The management representative shall notify the employee of the reason for the warning and detail the standards of performance and/or conduct expected. In the case of unsatisfactory performance the employer will also set a timeframe for a review of performance, and will consider reasonable measures to assist the employee to meet the required performance standards, such as mentoring or training as appropriate. The warning shall also state the consequences of not meeting the required standards of performance and/or conduct, such as further disciplinary action which could include termination of employment.
10.79.6. If the problem continues the matter will be discussed with the employee at a second disciplinary meeting.
10.8. In the case of unsatisfactory performance, if the concerns are not resolved at the second meeting, a second warning in writing will be given to the employee. Termination of employment for unsatisfactory performance at this stage may only occur in cases where the unsatisfactory performance has particularly serious consequences, such as placing the viability of the employer at risk or posing a serious safety risk.
10.9. In the case of misconduct, if the allegations of a recurrence of misconduct are not satisfactorily resolved at the second meeting, a second written warning may be given to the employee, or employment may be terminated, depending on the level of seriousness of the misconduct and any mitigating factors.
10.10. If the problem continues the matter will be discussed with the employee at a further disciplinary meeting. If the concerns are not resolved, the outcome may be a further warning or termination of employment. Nothing in this procedure shall prevent the employer from conducting further disciplinary meetings where the particular circumstances require it.
10.11. If after any warning a period of twelve months elapses without any further warning or action being required, all adverse reports relating to the warning must be removed from the employee's personnel file.
Appears in 1 contract
Samples: Collective Agreement
Disciplinary Procedures. 10.1. All employees shall be treated at all times in accordance with the principles of natural justice. These principles include:
10.1.1. the right to a fair hearing including adequate notice of what is alleged and a reasonable opportunity to respond to allegations, and
10.1.2. the right to a) Where an unbiased process of judgement.
10.2. Where the employer has concerns about the employee’s work performance or conduct of an employee, other than an employee within the minimum employment period specified by the Fair Work Act, or a short term casual employeeis considered unsatisfactory, the following disciplinary procedure will apply.
10.3. The employee shall be advised informed in the first instance of the alleged poor nature of the unsatisfactory performance or conduct and of the required standard to be achieved, by the employee’s immediate supervisor or other appropriate officer of the employer. The employer and employee will discuss the reason(s) for the unsatisfactory work performance or misconduct, that those concerns will be dealt with in accordance with these procedures, and that a possible outcome could be a disciplinary sanction such as termination of employment. The employee shall be provided with the opportunity conduct including matters external to respond to any such allegations at a disciplinary meeting with the relevant supervisor. An employee subject to disciplinary proceedings may be assisted or represented in any disciplinary meeting by a support person of the employee's choice from the workplace, such as a colleagueand, or other nominated representative including a union representative.
10.4. Nothing in this procedure shall restrict the employer’s right to summarily dismiss an employee in circumstances that warrant summary dismissal.
10.5. If the concerns are not adequately addressed at the initial disciplinary meeting,
10.5.1. In case of poor performance a warning may be issued or
10.5.2. in the case of misconduct there may be a warning or employment may be terminated with or without noticewhere appropriate, depending on the level of seriousness of the misconduct and any mitigating factors.
10.6. Where a warning is issued, the employer shall notify the employee of the reason for the warning and detail the standards of performance and/or conduct expected. In the case of unsatisfactory performance the employer will also set a timeframe for a review of performance, and will consider reasonable measures to assist the employee to improve their work performance or conduct. Such measures may include, for example, training, counselling and provision of an Employee Assistance Program (EAP).
b) Unsatisfactory work performance or conduct shall include, but not be limited to, neglect of duties, breach of discipline, absenteeism and non-compliance with safety standards. A written record shall be kept on the appropriate file of such initial warning. The employee shall be entitled to sight and sign such written record and add any notations regarding the contents of such record.
c) Where there is re-occurrence of unsatisfactory work performance or conduct, the employee shall be warned formally in writing by the appropriate officer of the employer and counselled. Counselling should reinforce the standard of work or conduct expected and, where the employee is failing to meet the these required performance standards, a suitable review period for monitoring the employee’s performance; the severity of the situation; and whether disciplinary action will follow should the employee’s work performance or conduct not improve. A written record shall be kept of such as mentoring or training as appropriateformal warning and counselling. The employee shall be entitled to sight and sign such written record and add any notations regarding the contents of such record.
d) If the employee’s unsatisfactory work performance or conduct continues or resumes following the formal warning and counselling, the employee shall also state be given a final warning in writing giving notice of disciplinary action should the consequences of unsatisfactory work performance or conduct not meeting cease immediately.
e) If the required standards of employee’s work performance and/or conduct, such as or conduct does not improve after the final warning further disciplinary action which could include termination of employmentmay be taken.
10.7. If the problem continues the matter will f) All formal warnings shall be discussed with the employee at a second disciplinary meetingin writing.
10.8. In the case g) Delegates shall be provided reasonable time without loss of unsatisfactory performancepay, if the concerns are not resolved to represent members in disciplinary matters at the second meetinglocal level, a second warning in writing will provided prior approval is sought. Such approval shall not be given to the employee. Termination of employment for unsatisfactory performance at this stage may only occur in cases where the unsatisfactory performance has particularly serious consequences, such as placing the viability of the employer at risk or posing a serious safety riskunreasonably withheld.
10.9. In the case of misconduct, if the allegations of a recurrence of misconduct are not satisfactorily resolved at the second meeting, a second written warning may be given to the employee, or employment may be terminated, depending on the level of seriousness of the misconduct and any mitigating factors.
10.10. If the problem continues the matter will be discussed with the employee at a further disciplinary meeting. If the concerns are not resolved, the outcome may be a further warning or termination of employment. Nothing in this procedure shall prevent the employer from conducting further disciplinary meetings where the particular circumstances require it.
10.11. If after any warning a period of twelve months elapses without any further warning or action being required, all adverse reports relating to the warning must be removed from the employee's personnel file.
Appears in 1 contract
Samples: Enterprise Agreement
Disciplinary Procedures. 10.19.1. All employees shall be treated at all times in accordance with the principles of natural justice. These principles include:
10.1.19.1.1. the right to a fair hearing including adequate notice of what is alleged and a reasonable opportunity to respond to allegations, and
10.1.29.1.2. the right to an unbiased process of judgement.
10.29.2. Where the employer has concerns about the work performance or conduct of an employee, other than an employee within the minimum employment period specified by the Fair Work Act, or a short term casual employee, the following disciplinary procedure will apply.
10.39.3. The employee shall be advised of the alleged poor work performance or misconduct, that those concerns will be dealt with in accordance with these procedures, and that a possible outcome could be a disciplinary sanction such as termination of employment. The employee shall be provided with the opportunity to respond to any such allegations at a disciplinary meeting with the relevant supervisor. An employee subject to disciplinary proceedings may be assisted or represented in any disciplinary meeting by a support person of the employee's choice from the workplace, such as a colleague, or other nominated representative including a union representative.
10.49.4. Nothing in this procedure shall restrict the employer’s right to summarily dismiss an employee in circumstances that warrant summary dismissal.
10.59.5. If the concerns are not adequately addressed at the initial disciplinary meeting,
10.5.19.5.1. In case of poor performance a warning may be issued or
10.5.29.5.2. in the case of misconduct there may be a warning or employment may be terminated with or without notice, depending on the level of seriousness of the misconduct and any mitigating factors.
10.69.6. Where a warning is issued, the employer shall notify the employee of the reason for the warning and detail the standards of performance and/or conduct expected. In the case of unsatisfactory performance the employer will also set a timeframe for a review of performance, and will consider reasonable measures to assist the employee to meet the required performance standards, such as mentoring or training as appropriate. The warning shall also state the consequences of not meeting the required standards of performance and/or conduct, such as further disciplinary action which could include termination of employment.
10.79.7. If the problem continues the matter will be discussed with the employee at a second disciplinary meeting.
10.89.8. In the case of unsatisfactory performance, if the concerns are not resolved at the second meeting, a second warning in writing will be given to the employee. Termination of employment for unsatisfactory performance at this stage may only occur in cases where the unsatisfactory performance has particularly serious consequences, such as placing the viability of the employer at risk or posing a serious safety risk.
10.99.9. In the case of misconduct, if the allegations of a recurrence of misconduct are not satisfactorily resolved at the second meeting, a second written warning may be given to the employee, or employment may be terminated, depending on the level of seriousness of the misconduct and any mitigating factors.
10.109.10. If the problem continues the matter will be discussed with the employee at a further disciplinary meeting. If the concerns are not resolved, the outcome may be a further warning or termination of employment. Nothing in this procedure shall prevent the employer from conducting further disciplinary meetings where the particular circumstances require it.
10.119.11. If after any warning a period of twelve months elapses without any further warning or action being required, all adverse reports relating to the warning must be removed from the employee's personnel file.
Appears in 1 contract
Samples: Collective Agreement
Disciplinary Procedures. 10.1. All employees shall The following procedures will apply in situations where an employee's performance, and/or conduct are in question.
18.1 The employee must be treated at all times in accordance with the principles of natural justice. These principles includeadvised of:
10.1.1(a) His/her right of assistance and/or representation at any stage;
(b) The specific matters/allegations causing concern;
(c) The seriousness of the situation:;
(d) The likely outcome should a breach of performance and/or conduct standards be proven.
18.2 The employer will give the employee an opportunity to respond to the matters/allegations at a meeting convened for this purpose. If necessary, the right meeting will be adjourned to a fair hearing including adequate notice of what is alleged and allow further investigations into the matters/allegations and/or to allow the employer a reasonable opportunity to respond to allegations, and
10.1.2. consider any explanation or evidence provided by the right to an unbiased process of judgementemployee.
10.218.3 If, in the opinion of the employer, the situation warrants it, the employee may be suspended on pay pending the resolution of the matter(s) causing concern. In such instance the employer will advise the employee as to the reasons why it believes suspension is appropriate and will take into consideration any views expressed by the employee in making its decision. The UNIONS shall be consulted prior to any decision being made to suspend the employee.
18.4 The employer having investigated the matters/allegations to its satisfaction will reconvene a meeting with the employee and make the findings of the investigation known. The employee will be allowed a reasonable opportunity to make further representations to the employer.
18.5 Where the employer has concerns about the work performance is satisfied that no further investigation or conduct of an employee, other than an employee within the minimum employment period specified by the Fair Work Act, or a short term casual employeeconsideration is necessary, the following disciplinary procedure employee will apply.
10.3. The employee shall be advised of the alleged poor work performance or misconduct, that those concerns will be dealt its decision. Possible outcomes include: for misconduct - a formal written warning issued; dismissal with in accordance with these procedures, and that notice: for serious misconduct — a possible outcome could be a disciplinary sanction such as termination of employment. The employee shall be provided with the opportunity to respond to any such allegations at a disciplinary meeting with the relevant supervisor. An employee subject to disciplinary proceedings may be assisted or represented in any disciplinary meeting by a support person of the employee's choice from the workplace, such as a colleague, or other nominated representative including a union representative.
10.4. Nothing in this procedure shall restrict the employer’s right to summarily dismiss an employee in circumstances that warrant summary dismissal.
10.5. If the concerns are not adequately addressed at the initial disciplinary meeting,
10.5.1. In case of poor performance a final written warning may be issued or
10.5.2. in the case of misconduct there may be a warning or employment may be terminated issued; dismissal with or without notice.
18.6 Where the employer decides to issue a formal written warning for misconduct or for a breach of performance standards, depending on under normal circumstances the level of seriousness first instance would entail a first written warning; a second instance a final written warning and the third instance could entail dismissal with or without notice.
18.7 A written warning shall set out:
(a) The details of the misconduct and any mitigating factors.issue(s)/complaint;
10.6. Where (b) The corrective action(s) required to remedy the situation;
(c) The timeframe in which the improvement is sought; and,
(d) The likely outcome if there is a warning is issuedfurther breach, the employer shall notify the employee of the reason for the warning and detail the standards of performance and/or conduct expected. In the case of unsatisfactory performance the employer will also set a timeframe for a review of performance, and will consider reasonable measures to assist the employee failure to meet the required conduct/performance standards, such requirements as mentoring or training as appropriate. The warning shall also state the consequences of not meeting the required standards of performance and/or conduct, such as further disciplinary action which could include termination of employmentadvised.
10.7. If the problem continues the matter 18.8 Any action under this clause will be discussed with recorded in writing and the employee at will receive a second disciplinary meetingcopy.
10.8. In the case of unsatisfactory performance, if the concerns are not resolved at the second meeting, a second warning in writing will be given to the employee. Termination of employment for unsatisfactory performance at this stage may only occur in cases where the unsatisfactory performance has particularly serious consequences, such as placing the viability of the employer at risk or posing a serious safety risk.
10.9. In the case of misconduct, if the allegations of a recurrence of misconduct are not satisfactorily resolved at the second meeting, a second written warning may be given to the employee, or employment may be terminated, depending on the level of seriousness of the misconduct and any mitigating factors.
10.10. If the problem continues the matter will be discussed with the employee at a further disciplinary meeting. If the concerns are not resolved, the outcome may be a further warning or termination of employment. Nothing in this procedure shall prevent the employer from conducting further disciplinary meetings where the particular circumstances require it.
10.11. If after any warning a period of twelve months elapses without any further warning or action being required, all adverse reports relating to the warning must be removed from the employee's personnel file.
Appears in 1 contract
Samples: Collective Agreement
Disciplinary Procedures. 10.19.1. All employees shall be treated at all times in accordance with the principles of natural justice. These principles include:
10.1.19.1.1. the right to a fair hearing including adequate notice of what is alleged and a reasonable opportunity to respond to allegations, and
10.1.29.1.2. the right to an unbiased process of judgement.
10.29.2. Where the employer has concerns about the work performance or conduct of an employee, other than an employee within the minimum employment period specified by the Fair Work Act, or a short term casual employee, the following disciplinary procedure will apply.
10.39.3. The employee shall be advised of the alleged poor work performance or misconduct, that those concerns will be dealt with in accordance with these procedures, and that a possible outcome could be a disciplinary sanction such as termination of employment. The employee shall be provided with the opportunity to respond to any such allegations at a disciplinary meeting with the relevant supervisor. An employee subject to disciplinary proceedings may be assisted or represented in any disciplinary meeting by a support person of the employee's choice from the workplace, such as a colleague, or other nominated representative including a union representative.
10.49.4. Nothing in this procedure shall restrict the employer’s employer‘s right to summarily dismiss an employee in circumstances that warrant summary dismissal.
10.59.5. If the concerns are not adequately addressed at the initial disciplinary meeting,
10.5.19.5.1. In case of poor performance a warning may be issued or
10.5.29.5.2. in the case of misconduct there may be a warning or employment may be terminated with or without notice, depending on the level of seriousness of the misconduct and any mitigating factors.
10.69.6. Where a warning is issued, the employer shall notify the employee of the reason for the warning and detail the standards of performance and/or conduct expected. In the case of unsatisfactory performance the employer will also set a timeframe for a review of performance, and will consider reasonable measures to assist the employee to meet the required performance standards, such as mentoring or training as appropriate. The warning shall also state the consequences of not meeting the required standards of performance and/or conduct, such as further disciplinary action which could include termination of employment.
10.79.7. If the problem continues the matter will be discussed with the employee at a second disciplinary meeting.
10.89.8. In the case of unsatisfactory performance, if the concerns are not resolved at the second meeting, a second warning in writing will be given to the employee. Termination of employment for unsatisfactory performance at this stage may only occur in cases where the unsatisfactory performance has particularly serious consequences, such as placing the viability of the employer at risk or posing a serious safety risk.
10.99.9. In the case of misconduct, if the allegations of a recurrence of misconduct are not satisfactorily resolved at the second meeting, a second written warning may be given to the employee, or employment may be terminated, depending on the level of seriousness of the misconduct and any mitigating factors.
10.109.10. If the problem continues the matter will be discussed with the employee at a further disciplinary meeting. If the concerns are not resolved, the outcome may be a further warning or termination of employment. Nothing in this procedure shall prevent the employer from conducting further disciplinary meetings where the particular circumstances require it.
10.119.11. If after any warning a period of twelve months elapses without any further warning or action being required, all adverse reports relating to the warning must be removed from the employee's personnel file.
Appears in 1 contract
Samples: Collective Agreement
Disciplinary Procedures. 10.1. All employees shall The following procedures will apply in situations where an employee's performance, and/or conduct are in question.
18.1 The employee must be treated at all times in accordance with the principles of natural justice. These principles includeadvised of:
10.1.1(a) His/her right of assistance and/or representation at any stage;
(b) The specific matters/allegations causing concern;
(c) The seriousness of the situation:;
(d) The likely outcome should a breach of performance and/or conduct standards be proven.
18.2 The employer will give the employee an opportunity to respond to the matters/allegations at a meeting convened for this purpose. If necessary, the right meeting will be adjourned to a fair hearing including adequate notice of what is alleged and allow further investigations into the matters/allegations and/or to allow the employer a reasonable opportunity to respond to allegations, and
10.1.2. consider any explanation or evidence provided by the right to an unbiased process of judgementemployee.
10.218.3 If, in the opinion of the employer, the situation warrants it, the employee may be suspended on pay pending the resolution of the matter(s) causing concern. In such instance the employer will advise the employee as to the reasons why it believes suspension is appropriate and will take into consideration any views expressed by the employee in making its decision. The UNIONS shall be consulted prior to any decision being made to suspend the employee.
18.4 The employer having investigated the matters/allegations to its satisfaction will reconvene a meeting with the employee and make the findings of the investigation known. The employee will be allowed a reasonable opportunity to make further representations to the employer.
18.5 Where the employer has concerns about the work performance is satisfied that no further investigation or conduct of an employee, other than an employee within the minimum employment period specified by the Fair Work Act, or a short term casual employeeconsideration is necessary, the following disciplinary procedure employee will apply.
10.3. The employee shall be advised of its decision. Possible outcomes include: for misconduct - a formal written warning issued; dismissal with notice:
18.6 Where the alleged poor work employer decides to issue a formal written warning for misconduct or for a breach of performance or misconductstandards, that those concerns will be dealt with in accordance with these procedures, under normal circumstances the first instance would entail a first written warning; a second instance a final written warning and that a possible outcome the third instance could be a disciplinary sanction such as termination of employment. The employee shall be provided with the opportunity to respond to any such allegations at a disciplinary meeting with the relevant supervisor. An employee subject to disciplinary proceedings may be assisted or represented in any disciplinary meeting by a support person of the employee's choice from the workplace, such as a colleague, or other nominated representative including a union representative.
10.4. Nothing in this procedure shall restrict the employer’s right to summarily dismiss an employee in circumstances that warrant summary dismissal.
10.5. If the concerns are not adequately addressed at the initial disciplinary meeting,
10.5.1. In case of poor performance a warning may be issued or
10.5.2. in the case of misconduct there may be a warning or employment may be terminated entail dismissal with or without notice, depending on the level of seriousness .
18.7 A written warning shall set out:
(a) The details of the misconduct and any mitigating factors.issue(s)/complaint;
10.6. Where (b) The corrective action(s) required to remedy the situation;
(c) The timeframe in which the improvement is sought; and,
(d) The likely outcome if there is a warning is issuedfurther breach, the employer shall notify the employee of the reason for the warning and detail the standards of performance and/or conduct expected. In the case of unsatisfactory performance the employer will also set a timeframe for a review of performance, and will consider reasonable measures to assist the employee failure to meet the required conduct/performance standards, such requirements as mentoring or training as appropriate. The warning shall also state the consequences of not meeting the required standards of performance and/or conduct, such as further disciplinary action which could include termination of employmentadvised.
10.7. If the problem continues the matter 18.8 Any action under this clause will be discussed with recorded in writing and the employee at will receive a second disciplinary meetingcopy.
10.8. In the case of unsatisfactory performance, if the concerns are not resolved at the second meeting, a second warning in writing will be given to the employee. Termination of employment for unsatisfactory performance at this stage may only occur in cases where the unsatisfactory performance has particularly serious consequences, such as placing the viability of the employer at risk or posing a serious safety risk.
10.9. In the case of misconduct, if the allegations of a recurrence of misconduct are not satisfactorily resolved at the second meeting, a second written warning may be given to the employee, or employment may be terminated, depending on the level of seriousness of the misconduct and any mitigating factors.
10.10. If the problem continues the matter will be discussed with the employee at a further disciplinary meeting. If the concerns are not resolved, the outcome may be a further warning or termination of employment. Nothing in this procedure shall prevent the employer from conducting further disciplinary meetings where the particular circumstances require it.
10.11. If after any warning a period of twelve months elapses without any further warning or action being required, all adverse reports relating to the warning must be removed from the employee's personnel file.
Appears in 1 contract
Samples: Collective Agreement
Disciplinary Procedures. 10.1. All employees shall be treated at all times in accordance with the principles of natural justice. These principles include:
10.1.1. the right to a fair hearing including adequate notice of what is alleged and a reasonable opportunity to respond to allegations, and
10.1.2. the right to an unbiased process of judgement.
10.234.1. Where the employer has concerns about the work performance or conduct of an employee, other than an employee within the minimum employment period specified by the Fair Work Act, or a short term casual employee, the following disciplinary procedure will apply.
10.334.1.1. The employee shall be advised of the alleged poor work performance or misconduct, that those concerns will be dealt with in accordance with these procedures, and that a possible outcome could be a disciplinary sanction such as termination of employment. The employee shall be provided with the opportunity to respond to any such allegations at a disciplinary meeting with the relevant supervisor. An employee subject to disciplinary proceedings may be assisted or represented in any disciplinary meeting by a support person of the employee's choice from the workplace, such as a colleague, employee representative or other nominated representative including a union representative.
10.434.1.2. The employee shall be treated at all times in accordance with the principles of natural justice. These principles include:
34.1.2.1. the right to a fair hearing including adequate notice of what is alleged and a reasonable opportunity to respond to allegations, and .
34.1.2.2. the right to an unbiased process of judgement.
34.1.3. Nothing in this procedure shall restrict the employer’s right to summarily dismiss an employee in circumstances that warrant summary dismissal.
10.534.1.4. If the concerns are not adequately addressed at the initial disciplinary meeting,
10.5.1. In case of poor performance , a warning may be issued or
10.5.2issued. in the case of misconduct there may be a warning or employment may be terminated with or without notice, depending on the level of seriousness of the misconduct and any mitigating factors.
10.6. Where a warning is issued, the The employer shall notify the employee of the reason for the warning and detail the standards of performance and/or conduct expected. In the case of unsatisfactory performance the employer will also set a timeframe for a review of performance, and will consider reasonable measures to assist the employee to meet the required performance standards, such as mentoring or training as appropriate. The warning shall also state the consequences of not meeting the required standards of performance and/or conduct, such as further disciplinary action which could include termination of employment.
10.734.1.5. If the problem continues the matter will be discussed with the employee at a second disciplinary meeting.
10.834.1.6. In the case of unsatisfactory performance, if the concerns are not resolved at the second meeting, a second warning in writing will be given to the employee. Termination of employment for unsatisfactory performance at this stage may only occur in cases where the unsatisfactory performance has particularly serious consequences, such as placing the viability of the employer at risk or posing a serious safety risk.
10.934.1.7. In the case of misconduct, if the allegations of a recurrence of misconduct are not satisfactorily resolved at the second meeting, a second written warning may be given to the employee, or employment may be terminated, depending on the level of seriousness of the misconduct and any mitigating factors.
10.1034.1.8. If the problem continues the matter will be discussed with the employee at a further disciplinary meeting. If the concerns are not resolved, the outcome may be a further warning or termination of employment. Nothing in this procedure shall prevent the employer from conducting further disciplinary meetings where the particular circumstances require it.
10.1134.1.9. If after any warning a period of twelve months elapses without any further warning or action being required, all adverse reports relating to the warning must be removed from the employee's personnel file.
Appears in 1 contract
Samples: Workplace Agreement
Disciplinary Procedures. 10.1. All employees shall be treated at all times in accordance with the principles of natural justice. These principles include:
10.1.1. the right to a fair hearing including adequate notice of what is alleged and a reasonable opportunity to respond to allegations, and
10.1.2. the right to an unbiased process of judgement.
10.2. Where the employer has concerns about the work performance or conduct of an employee, other than an employee within the minimum employment period specified by the Fair Work Act, or a short term casual employee, the following disciplinary procedure will apply.
10.3. The employee shall be advised of the alleged poor work performance or misconduct, that those concerns will be dealt with in accordance with these procedures, and that a possible outcome could be a disciplinary sanction such as termination of employment. The employee shall be provided with the opportunity to respond to any such allegations at a disciplinary meeting with the relevant supervisor. An employee subject to disciplinary proceedings may be assisted or represented in any disciplinary meeting by a support person of the employee's choice from the workplace, such as a colleague, or other nominated representative including a union representative.
10.4. Nothing in this procedure shall restrict the employer’s right to summarily dismiss an employee in circumstances that warrant summary dismissal.
10.5. If the concerns are not adequately addressed at the initial disciplinary meeting,
10.5.1. In case of poor performance a warning may be issued or
10.5.2. in the case of misconduct there may be a warning or employment may be terminated with or without notice, depending on the level of seriousness of the misconduct and any mitigating factors.
10.6. Where a warning is issued, the employer shall notify the employee of the reason for the warning and detail the standards of performance and/or conduct expected. In the case of unsatisfactory performance the employer will also set a timeframe for a review of performance, and will consider reasonable measures to assist the employee to meet the required performance standards, such as mentoring or training as appropriate. The warning shall also state the consequences of not meeting the required standards of performance and/or conduct, such as further disciplinary action which could include termination of employment.
10.7. If the problem continues the matter will be discussed with the employee at a second disciplinary meeting.
10.8. In the case of unsatisfactory performance, if the concerns are not resolved at the second meeting, a second warning in writing will be given to the employee. Termination of employment for unsatisfactory performance at this stage may only occur in cases where the unsatisfactory performance has particularly serious consequences, such as placing the viability of the employer at risk or posing a serious safety risk.
10.9. In the case of misconduct, if the allegations of a recurrence of misconduct are not satisfactorily resolved at the second meeting, a second written warning may be given to the employee, or employment may be terminated, depending on the level of seriousness of the misconduct and any mitigating factors.
10.10. If the problem continues the matter will be discussed with the employee at a further disciplinary meeting. If the concerns are not resolved, the outcome may be a further warning or termination of employment. Nothing in this procedure shall prevent the employer from conducting further disciplinary meetings where the particular circumstances require it.of
10.11. If after any warning a period of twelve months elapses without any further warning or action being required, all adverse reports relating to the warning must be removed from the employee's personnel file.
Appears in 1 contract
Samples: Collective Agreement
Disciplinary Procedures. 10.1A. Probationary Period
1. All New employees in the bargaining unit shall be hired on a probationary basis for a period of seventy-five (75) working days, excluding work days that fall during the summer when the regular school year is not in session. During the probationary period, the employee's work performance will be evaluated by the employer to determine if continued employment is warranted. It shall be the responsibility of the principal, head custodian, and Manager of Environmental Services or the immediate supervisor to acquaint themselves with the manner in which a new employee is performing the work assigned. New employees shall be treated at informed by the head custodian if their work is satisfactory and, if not, how it can be improved. Complaints regarding unsatisfactory work performance of probationary employees shall be directed to the principal or the immediate supervisor. The Manager of Environmental Services shall be informed of all times such complaints regarding employees in accordance with the principles of natural justice. These principles include:
10.1.1. the right to a fair hearing including adequate notice of what is alleged and a reasonable opportunity to respond to allegations, and
10.1.2. the right to an unbiased process of judgementdepartment.
10.22. Where the employer has concerns about the work performance or conduct of an employee, other than an employee within the minimum employment period specified by the Fair Work Act, or a short term casual employee, the following disciplinary procedure will apply.
10.3. The employee shall be advised of the alleged poor work performance or misconduct, that those concerns will be dealt with in accordance with these procedures, and that a possible outcome could be a disciplinary sanction such as termination of employment. The employee All new employees shall be provided with a copy of their job description at the opportunity time of hire. Within 30 days of their starting date, the immediate supervisor shall outline the job expectations.
3. One week prior to respond the expiration date of the probationary period or sooner if warranted, the Manager of Environmental Services shall recommend, in writing, to the Assistant Superintendent for Personnel and Human Services whether a new employee shall be granted continued employment or terminated.
4. If an employee is terminated at any time during the probationary period, such allegations at a disciplinary meeting with the relevant supervisor. An employee action shall not be subject to disciplinary proceedings the grievance procedure.
B. Continuing Employees From time to time it may be assisted necessary to initiate disciplinary action against an employee for misconduct or represented in any disciplinary meeting by a support person of unsatisfactory work performance. The employee has the employee's choice from the workplace, such as a colleague, or other nominated representative including a union representative.
10.4. Nothing in this procedure shall restrict the employer’s right to summarily dismiss an request representation at any investigatory conference at which the employee reasonably believes his/her answers may lead to discipline. The employee is responsible for contacting the appropriate person to provide that representation. Notice to the union chairperson shall be given at least forty-eight (48) hours in circumstances that warrant summary dismissal.
10.5. If advance unless impractical due to the concerns are not adequately addressed at the initial disciplinary meeting,
10.5.1. In case of poor performance a warning may be issued or
10.5.2. in the case of misconduct there may be a warning or employment may be terminated with or without notice, depending on the level of seriousness of the misconduct and any mitigating factors.employee misconduct. Unsatisfactory Work Performance Procedures:
10.61. Where a warning is issuedStep 1— As soon as possible after the first incident or offense, the employer shall notify immediate supervisor and, when appropriate, other supervisory personnel including the employee head custodian, Supervisor of the reason for the warning and detail the standards Custodial Services, Supervisor of performance and/or conduct expected. In the case Maintenance, or Manager of unsatisfactory performance the employer Environmental Services, will also set a timeframe for a review of performance, and will consider reasonable measures to assist meet with the employee to meet provide direction and guidance for appropriate job performance. A written record of the required performance standards, such as mentoring or training as appropriate. The warning meeting shall also state the consequences of not meeting the required standards of performance and/or conduct, such as further disciplinary action which could include termination of employment.
10.7. If the problem continues the matter will be discussed with the employee at a second disciplinary meeting.
10.8. In the case of unsatisfactory performance, if the concerns are not resolved at the second meeting, a second warning in writing will be given provided to the employee. Termination of employment for unsatisfactory performance at this stage may only occur in cases where A copy will be kept by the unsatisfactory performance has particularly serious consequences, such as placing the viability of the employer at risk or posing a serious safety riskimmediate supervisor.
10.92. In Step 2— If unsatisfactory work performance continues, the case of misconduct, if the allegations of a recurrence of misconduct are not satisfactorily resolved at the second meeting, a second written warning may employee shall be given a written notice detailing the deficiencies in his or her performance and identifying what steps must be taken to improve that performance. A 30-calendar day minimum timeline for correcting the employee, or employment may deficiencies must be terminated, depending on included in the level of seriousness of the misconduct and any mitigating factors.
10.10written notice. If the problem improvement is immediate and continues the matter will be discussed with the employee at a further disciplinary meeting. If the concerns are not resolvedfor 90 working days, the outcome may be a further warning or termination of employment. Nothing in this procedure written notice shall prevent the employer from conducting further disciplinary meetings where the particular circumstances require it.
10.11. If after any warning a period of twelve months elapses without any further warning or action being required, all adverse reports relating to the warning must be removed from the employee’s personnel file upon written request from the employee. However, if similar behavior is exhibited within one (1) year of the remediation, the written notice shall be returned to the employee’s personnel file and the disciplinary procedure will continue with Step 3.
3. Step 3— If improvement does not occur as a result of Step 2, a second written notice shall be given to the employee informing him or her that continued unsatisfactory work performance will lead to dismissal. At this step the employee's personnel fileskills and abilities will be evaluated to determine if he or she can serve the school district in another capacity. A transfer to another position in the district may occur at this step.
4. Step 4— Continued unsatisfactory work performance shall result in dismissal from employment in the school district. The immediate supervisor shall present such recommended notice in writing to the employee stating the effective date of the dismissal.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Procedures. 10.1. All employees shall be treated at all times in accordance with the principles of natural justice. These principles include:
10.1.1. the right to a fair hearing including adequate notice of what is alleged and a reasonable opportunity to respond to allegations, and
10.1.2. the right to an unbiased process of judgement.
10.29.1. Where the employer has concerns about the work performance or conduct of an employee, other than an employee within the minimum employment period specified by the Fair Work Act, or a short term casual employee, the following disciplinary procedure will apply.
10.39.2. The employee staff member shall be advised of the alleged poor work performance or misconduct, that those concerns will be dealt with in accordance with these procedures, and that a possible outcome could be a disciplinary sanction such as a warning, withholding or delay of increment, or termination of employment. The employee staff member shall be provided with the opportunity to respond to any such allegations at a disciplinary meeting with the relevant supervisormanager(s). An In the case of concerns about poor performance arising in the context of an Increment Review Meeting (clause 16.2.3), the employee will be advised that the ADP process has been suspended pending resolution of the concerns through this process. A staff member subject to disciplinary proceedings may be assisted or represented in any disciplinary meeting by a support person of the employee's choice from the workplace, such as a colleague, or other nominated representative including by a union representative. The support person shall be provided with reasonable access to the employee in order to be able to properly prepare for the process.
10.49.3. The staff member shall be treated at all times in accordance with the principles of natural justice. These principles include:
9.3.1. the right to a fair hearing including adequate notice of what is alleged and a reasonable opportunity to respond to allegations, and
9.3.2. the right to an unbiased process of judgement.
9.4. Nothing in this procedure shall restrict the employer’s right to summarily dismiss an employee in circumstances that warrant summary dismissal.
10.59.5. If the concerns are not adequately addressed at the initial disciplinary meeting,
10.5.1. In case of poor performance , a warning may be issued or
10.5.2issued. in the case of misconduct there may be a warning or employment may be terminated with or without notice, depending on the level of seriousness of the misconduct and any mitigating factors.
10.6. Where a warning is issued, the employer The management representative shall notify the employee of the reason for the warning and detail the standards of performance and/or conduct expected.
0.0.0. In Xx the case of unsatisfactory performance the employer will also set a timeframe for a review of performanceperformance (which will be no more than three months if the review arises from an Increment Review Meeting held in accordance with clause 16.2.3 three months prior to the employee’s incremental date), and will consider reasonable measures to assist the employee to meet the required performance standards, such as mentoring or training as appropriate. The warning shall also state the consequences of not meeting the required standards of performance and/or conduct, such as further disciplinary action which could include a warning, withholding or delay of an increment or termination of employment.
10.79.6. If the problem continues the matter will be discussed with the employee at a second disciplinary meeting.
10.8. In the case of unsatisfactory performance, if the concerns are not resolved at the second meeting, a second warning in writing will be given to the employee. Termination of employment for unsatisfactory performance at this stage may only occur in cases where the unsatisfactory performance has particularly serious consequences, such as placing the viability of the employer at risk or posing a serious safety risk.
10.9. In the case of misconduct, if the allegations of a recurrence of misconduct are not satisfactorily resolved at the second meeting, a second written warning may be given to the employee, or employment may be terminated, depending on the level of seriousness of the misconduct and any mitigating factors.
10.10. If the problem continues the matter will be discussed with the employee at a further disciplinary meeting. If the concerns are not resolved, the outcome may be a further warning or termination of employment. Nothing in this procedure shall prevent the employer from conducting further disciplinary meetings where the particular circumstances require it.
10.11. If after any warning a period of twelve months elapses without any further warning or action being required, all adverse reports relating to the warning must be removed from the employee's personnel file.
Appears in 1 contract
Samples: Collective Agreement
Disciplinary Procedures. 10.112.1 Disciplinary procedures are in place to enable The Cancer Council Xxxxxxxx to discipline Employees in cases of unsatisfactory work performance, misconduct or serious misconduct.
12.2 All disciplinary action should be carried out fairly and in a non-discriminatory manner.
12.3 In considering each individual case, which should be judged on its merits, the Employee’s past employment record, length of service etc. All employees shall should be treated at all times taken into account. Where appropriate, counselling should be provided.
12.4 The above disciplinary procedure does not affect the Employer’s common law right of instant dismissal and the Employee’s right to exercise the appeals process that may be available to him/her under the provision of this Agreement or by statute law.
12.5 The procedures set out in accordance with this clause may be initiated by the principles Supervisor, Unit Head, or the Human Resources Manager, but disciplinary action defined as being the outcome of natural justice. These principles includea disciplinary procedure may only be taken by the Director or the Human Resources Manager.
12.6 The disciplinary procedures relating to Employees comprise two streams:
10.1.112.6.1 Disciplinary Procedures for Unsatisfactory Work Performance;
12.6.2 Disciplinary Procedures for Misconduct/Serious misconduct.
12.7 Disciplinary procedures for Unsatisfactory Work Performance
12.7.1 Disciplinary procedures for Unsatisfactory Work Performance involve a series of three formal warnings. The unsatisfactory performance will be identified, the right to a fair hearing including adequate notice of what is alleged standard required will be outlined and a reasonable opportunity plan of action within a specific time frame will be developed.
12.7.2 Failure by the Employee to satisfactorily improve those aspects of his or her work performance deemed unsatisfactory will result in subsequent warnings.
12.7.3 The third warning is a final warning and Employees should be aware that failure to achieve satisfactory levels of work performance is likely to result in their employment being terminated.
12.7.4 At the warning meetings, the Employee is entitled to representation by a union official or a fellow Employee.
12.8 Disciplinary Procedures for Misconduct/Serious Misconduct
12.9 Allegations of Misconduct/Serious Misconduct are investigated following reports to either the Director or Human Resources Manager.
12.9.1 Any allegation of misconduct or serious misconduct must be investigated and an Employee is required to respond to the allegations, and
10.1.2. the right to an unbiased process of judgement.
10.2. Where 12.9.2 Depending on the employer has concerns about seriousness of the work performance misconduct, the allegation may be investigated by a Committee nominated by the Director.
12.9.3 During the investigation, the Employee is entitled to representation by a person chosen by the Employee, including being represented by a union official or conduct a fellow Employee.
12.9.4 Disciplinary action in relation to misconduct may include one or more of an employee, other than an employee the following:
(a) A formal censure/written warning;
(b) Counselling;
(c) Reduction of TEPV within the minimum employment period specified by the Fair Work Act, or a short term casual employee, the following disciplinary procedure will apply.
10.3. The employee shall be advised band of the alleged poor work performance or misconduct, position;
(d) Transfer to another position and paid a TEPV appropriate to that those concerns will be dealt with in accordance with these procedures, and that a possible outcome could be a disciplinary sanction such as termination of employment. The employee shall be provided with the opportunity to respond to any such allegations at a disciplinary meeting with the relevant supervisor. An employee subject to disciplinary proceedings may be assisted or represented in any disciplinary meeting by a support person of the employee's choice from the workplace, such as a colleague, or other nominated representative including a union representative.position;
10.4. Nothing in this procedure shall restrict the employer’s right to summarily dismiss an employee in circumstances that warrant summary dismissal.
10.5. If the concerns are not adequately addressed at the initial disciplinary meeting,
10.5.1. In case of poor performance a warning may be issued or
10.5.2. in the case of misconduct there may be a warning or employment may be terminated (e) Suspension with or without notice, depending on the level of seriousness pay.
12.9.5 Disciplinary action in relation to Serious Misconduct may involve any of the misconduct and any mitigating factors.above or the following:
10.6. Where a warning is issued, the employer shall notify the employee of the reason for the warning and detail the standards of performance and/or conduct expected. In the case of unsatisfactory performance the employer will also set a timeframe for a review of performance, and will consider reasonable measures to assist the employee to meet the required performance standards, such as mentoring or training as appropriate. The warning shall also state the consequences of not meeting the required standards of performance and/or conduct, such as further disciplinary action which could include termination of employment.
10.7. If the problem continues the matter will be discussed with the employee at a second disciplinary meeting.
10.8. In the case of unsatisfactory performance, if the concerns are not resolved at the second meeting, a second warning in writing will be given to the employee. (a) Termination of employment for unsatisfactory performance at this stage may only occur in cases where the unsatisfactory performance has particularly serious consequences, such as placing the viability of the employer at risk or posing a serious safety riskEmployee without notice.
10.9. In the case 12.9.6 The onus of misconduct, if the allegations of a recurrence of misconduct are not satisfactorily resolved at the second meeting, a second written warning may proof will be given to the employee, or employment may be terminated, depending on the level of seriousness of Employer to substantiate that the misconduct and any mitigating factorsconduct concerned is sufficiently serious to justify instant dismissal.
10.10. If the problem continues the matter will be discussed with the employee at a further disciplinary meeting. If the concerns are not resolved, the outcome may be a further warning or termination of employment. Nothing in this procedure shall prevent the employer from conducting further disciplinary meetings where the particular circumstances require it.
10.11. If after any warning a period of twelve months elapses without any further warning or action being required, all adverse reports relating to the warning must be removed from the employee's personnel file.
Appears in 1 contract
Samples: Collective Agreement
Disciplinary Procedures. 10.111.1 The disciplinary procedure will be used by an employer to address alleged misconduct. All employees shall This clause will not apply to casual and probationary employees.
11.2 The disciplinary procedure must be treated at all times in accordance with underpinned by the principles of natural justice. These principles include:
10.1.1. the right to a fair hearing including adequate notice of what is alleged and a reasonable opportunity to respond to allegations, and
10.1.2. the right to an unbiased process of judgementprocedural fairness.
10.2. 11.3 Where the employer has concerns about the work performance or conduct of decides that an employee, other than ’s conduct warrants an employee within the minimum employment period specified by the Fair Work Act, or a short term casual employee, the following disciplinary procedure will apply.
10.3. The employee shall be advised of the alleged poor work performance or misconduct, that those concerns will be dealt with in accordance with these proceduresinvestigation, and that a possible outcome could be a disciplinary sanction such as termination of employment. The employee shall be provided with the opportunity to respond to any such allegations at a disciplinary meeting with the relevant supervisor. An employee subject to disciplinary proceedings action may be assisted or represented in any disciplinary meeting by a support person of the employee's choice from the workplace, such as a colleague, or other nominated representative including a union representative.
10.4. Nothing in this procedure shall restrict the employer’s right to summarily dismiss an employee in circumstances that warrant summary dismissal.
10.5. If the concerns are not adequately addressed at the initial disciplinary meeting,
10.5.1. In case of poor performance a warning may be issued or
10.5.2. in the case of misconduct there may be a warning or employment may be terminated with or without notice, depending on the level of seriousness of the misconduct and any mitigating factors.
10.6. Where a warning is issuednecessary, the employer shall notify the employee in writing of the reason for alleged misconduct and/or serious misconduct, and that should the warning and detail alleged misconduct and/or serious misconduct be substantiated, that disciplinary action may be taken. The employer shall provide the standards employee reasonable time to respond to the allegations.
11.4 The employer must provide the employee reasonable notice of performance any meeting and/or conduct expectedinterview held during the investigation process. Each party has the right to have a nominated representative or support person during such interviews and/or meetings.
11.5 In cases of alleged serious misconduct, as defined in Regulation 1.07 of the case of unsatisfactory performance Fair Work Regulations, the employer will also set a timeframe for a review of performance, and will consider reasonable measures to assist may suspend the employee from duty, on normal pay, while the
11.6 Following the investigation and consideration of the employee’s response, the employer shall determine whether or not the allegation has substance and whether to meet the required performance standards, such as mentoring or training as appropriate. The warning shall also state the consequences of not meeting the required standards of performance and/or conduct, such as further disciplinary action which could include termination of employmentissue a warning.
10.7. If 11.7 Warnings must be verbal and in writing; recorded on the problem continues employee’s personnel file and a copy given to the matter will be discussed with the employee at a second disciplinary meetingemployee.
10.8. In the case of 11.8 If unsatisfactory performance, if the concerns are not resolved at the second meetingconduct continues, a second further warning both verbal and in writing will may be given to the employee. Termination of employment for unsatisfactory performance at this stage may only occur in cases where It shall be recorded on the unsatisfactory performance has particularly serious consequences, such as placing the viability of the employer at risk or posing employee’s personnel file and a serious safety risk.
10.9. In the case of misconduct, if the allegations of a recurrence of misconduct are not satisfactorily resolved at the second meeting, a second written warning may be copy given to the employee.
11.9 If unsatisfactory conduct continues or recurs, or employment may be terminated, depending on the level of seriousness of the misconduct and any mitigating factorsterminated in accordance with clause 17.
10.10. If the problem continues the matter will be discussed with the employee at a further disciplinary meeting. If the concerns are not resolved, the outcome may be a further warning or termination of employment. Nothing in this procedure shall prevent the employer from conducting further disciplinary meetings where the particular circumstances require it.
10.11. 11.10 If after any a warning has been issued, a period of twelve months elapses without any further warning warnings or action being required, all adverse reports relating to the warning must be removed from the employee's ’s personnel filefile and the employee advised in writing.
11.11 Any dispute relating to disciplinary action shall be dealt with under clause 13, Dispute Resolution.
Appears in 1 contract