Common use of Discipline Action Clause in Contracts

Discipline Action. 95.1 Where, as a result of an investigation, the Chief Executive considers discipline action is appropriate, one or more of the following actions may be taken in relation to the employee: (a) counselling of the employee; (b) a written admonishment; (c) a first or final written warning; (d) a financial penalty; (e) transfer to other duties (at or below current salary); (f) deferral of Increment (g) reduction in incremental point; (h) a temporary or permanent reduction in classification/salary; (i) termination of employment. 95.2 Discipline action taken under these procedures must be proportionate to the degree of misconduct concerned. In determining the appropriate discipline action to be taken, the following factors must be considered: (a) the nature and seriousness of the misconduct; (b) the degree of relevance to the employee's duties or to the reputation of the Agency; (c) the circumstances of the misconduct; (d) any mitigating factors; and (e) the previous employment history and the general conduct of the employee. 95.3 Before taking discipline action, the Chief Executive will advise the employee in writing of: (a) the decision as to whether the misconduct has been found to have occurred; and (b) the reasons for arriving at this decision; and (c) the discipline action(s) proposed; and (d) the period during which the employee has to respond to the proposed discipline action (a minimum of five working days); and (e) the appeal mechanisms that are available under this Agreement. 95.4 After considering the employee’s response to the proposed action, or if the employee has not responded at any time after the period outlined in 95.3(d) has lapsed, the Chief Executive may take disciplinary action. The Chief Executive will inform the employee in writing of: (a) the final decision regarding discipline action to be taken; and (b) the date of effect and/or, if relevant, the cessation of the action; and (c) the appeal mechanisms that are available under this Agreement.