Common use of Discipline Procedure Clause in Contracts

Discipline Procedure. To ensure that there is no misunderstandings when discipline is to be administered the Parties shall adhere to the following: (a) At all stages of the disciplinary process the Employee shall have the right to have a person of his/her choice, present as a witness. (b) Employees who exhibit unsatisfactory performance or behaviour shall be counselled to ensure that they understand the standards expected of them and will be offered assistance or training or guidance as deemed necessary in achieving those standards. The Employee shall be given notice either verbally or in writing of any disciplinary issue with appropriate opportunity to respond to any allegations before any action is taken. (c) The Disciplinary Procedure shall be as follows:- (i) Reprimand (Verbal Counselling) The Employee shall be told as soon as possible of any unsatisfactory conduct, capacity or performance. The relevant supervisor will be designated to discuss the problem with the Employee and if required, will outline how the Employee may meet the standard required. Any assistance required by the employee to meet the standard will be identified and provided where possible by the Employer. The Employee will be given the opportunity to respond to any allegations. (ii) Formal Warning (Written) Should the problem continue or occur again after the verbal reprimand, the Employee will be given the opportunity to respond to the allegations identified as the problem. Should the response be unsatisfactory, a formal warning in writing detailing the problem/s and the action required to meet the required standard will be issued to the employee. (iii) Final Warning (Written) A third and final warning will be issued if the Employee has not taken action to meet the standard of performance, capacity or conduct required. The employee shall be given the opportunity to respond to the allegation/s prior to the final warning being issued. The employer shall investigate the matter prior to issuing the final warning. (iv) Termination (Verbal) The employer may amend the procedure based on the merits of each particular case. In more serious cases which may border on misconduct, the employer may elect to eliminate one or more phases of the procedure. An employee issued with a final warning shall be requested to show cause, as to why Employee’s employment should not be terminated. Management shall make a decision based on the evidence and may terminate the employment of the Employee. (v) Serious Misconduct (Immediate Dismissal) Nothing in this procedure shall limit the right of the employer to summarily dismiss an employee for misconduct. e.g. theft, assault, fraud etc. (d) It is not intended in this procedure that the Employer may only terminate an Employee for three instances of the same disciplinary matter. Termination may occur for three separate instances of any disciplinary matter where the Employee has indicated a lack of intention to adhere to the policies and procedures of the Employer and has failed to meet the requirements of the Employer after appropriate warning and/or counselling has taken place.

Discipline Procedure. To ensure that there is no misunderstandings when discipline is to be administered the Parties shall adhere to the following:following procedure in each and every instance of discipline. (a) At all stages of the disciplinary process the Employee shall have the right to have a person of his/her choice, present as a witness. Should Employees wish further assistance/advice, the Employee may request the presence of a person to act on his/her behalf, such a person may be a Union representative should the Employee be a member of that Union. (b) Employees who exhibit unsatisfactory performance or behaviour shall be counselled to ensure that they understand the standards expected of them and will be offered assistance or training or guidance as deemed reasonably necessary in achieving those standards. The Employee shall be given notice either verbally or in writing of any disciplinary issue including unsatisfactory performance or behaviour with appropriate opportunity to respond to any allegations before any action is taken. (c) The Disciplinary Procedure in The Salt House shall be as follows:-the following:- (i) Reprimand (Verbal Counselling) The Employee shall be told as soon as possible of any unsatisfactory conduct, capacity performance or performancebehaviour. The relevant supervisor will be designated to discuss the problem issue with the Employee and if required, will outline how the Employee may meet the standard required. Any reasonable assistance required by the employee to meet the standard will be identified and provided where possible by the Employer. The Employee will be given the opportunity to respond to any allegations. A review date may be set. (ii) Formal Warning (Written) Should the problem issue continue or occur again after the verbal reprimand, the issue/s will then be discussed at a special meeting with Management. The Employee will be given notice to attend the opportunity special meeting and will have the right to respond to the allegations identified as the problemallegations. Should the response The Employee will be unsatisfactory, given a formal warning in writing detailing the problem/s allegation of unsatisfactory performance or behaviour and the action required to meet the required standard standard. The employee may request the presence of a support person or representative. The aim of the meeting will be issued to resolve the employeeissue/s and if required to identify the steps that need to be taken to improve to meet the standard. A review date may be set. (iii) Final Warning (Written) Should the discipline matter be deemed as serious by the Employer, sub- clauses 2.5(b)(i) and 2.5 (b)(ii) may be skipped and move straight to a Final Warning. A third and final warning will be issued if the Employee has not taken action to meet the standard of performance, capacity performance or conduct behaviour required. The employee Management shall fully investigate the issue/s and in respect of any hearing the Employee will be given the opportunity to respond put his/her case forward in defence. A review date may be set. Once an Employee has received the appropriate warnings and has still not demonstrated an ability to correct the allegation/s prior unsatisfactory performance or behaviour or does not demonstrate a willingness to the final warning being issued. The employer shall investigate the matter prior to issuing the final warning. (iv) Termination (Verbal) The employer may amend the procedure based on the merits of each particular case. In more serious cases which may border on misconductimprove, the employer may elect to eliminate one or more phases of the procedure. An employee issued with a final warning Employee shall be requested to “show cause”, as to why the Employee’s employment should not be terminated. Management shall make a decision based on the evidence and may shall either formally discipline the Employee or terminate the employment of the EmployeeEmployee in accordance with this Agreement. (viv) Serious Misconduct (Immediate Dismissal) Nothing in this procedure shall limit the right of the employer The Salt House to summarily dismiss an employee for misconduct. e.g. theft, assault, fraud etc. (d) It is not intended in this procedure that the Employer may only terminate an Employee for three instances of the same disciplinary matter. Termination may occur for three separate instances of any disciplinary matter where the Employee has indicated a lack of intention to adhere to the policies and procedures of the Employer and has failed to meet the requirements of the Employer after appropriate warning and/or counselling has taken place.

Discipline Procedure. To ensure A. A permanent employee may be dismissed, suspended, or otherwise disciplined for cause only. No disciplinary action shall be taken for any cause which arose prior to the employee's becoming permanent, nor for any cause which arose more than two years preceding the date of the filing of the notice of discipline, unless such cause was concealed or not disclosed by such employee when it could be reasonably assumed that there is no misunderstandings when discipline the employee should have disclosed the facts to the employing District. 1. The District shall advise the employee of his or her right to be represented by the Union or other representative of his or her choosing at any meeting in which disciplinary action is to be administered imposed. Disciplinary investigations are included in this section. 2. If the Parties employee elects to have representation present and none is immediately available, the meeting will be postponed for up to 24 hours not including Saturdays, Sundays or school holidays, in order to permit time for the employee to obtain representation. B. Any matter which may result in discipline shall adhere be brought to the following: (a) At all stages attention of the disciplinary process the Employee shall have the right to have a person of his/her choice, present as a witnessSuperintendent or designee. (b) Employees who exhibit unsatisfactory performance 1. The Superintendent or behaviour designee shall investigate the matter. As a part of the investigation, the employee shall be counselled to ensure that they understand notified of the standards expected of them allegations and will be offered assistance or training or guidance as deemed necessary in achieving those standards. The Employee shall be given notice either verbally or in writing of any disciplinary issue with appropriate an opportunity to respond and to any allegations before any action is takencomment on the appropriate disposition. (c) a. The Disciplinary Procedure employee shall be as follows:- (i) Reprimand (Verbal Counselling) The Employee shall be told as soon as possible of any unsatisfactory conduct, capacity or performance. The relevant supervisor will be designated have up to discuss the problem with the Employee and if required, will outline how the Employee may meet the standard required. Any assistance required by the employee to meet the standard will be identified and provided where possible by the Employer. The Employee will be given the opportunity to respond to any allegations. (ii) Formal Warning (Written) Should the problem continue or occur again after the verbal reprimand, the Employee will be given the opportunity five days in which to respond to the allegations identified as the problem. Should the response be unsatisfactory, a formal warning in writing detailing or to request a meeting with the problem/s and the action required to meet the required standard will be issued to the employeeSuperintendent or designee. (iii) Final Warning (Written) A third and final warning will be issued if the Employee has not taken action to meet the standard of performance, capacity or conduct required. b. The employee shall be given the an opportunity to respond inspect written materials on which the allegations are based, if any, which shall be assembled and made available to the allegation/s prior to the final warning being issuedemployee for review upon request. The employer shall investigate the matter prior to issuing the final warning. (iv) Termination (Verbal) The employer may amend the procedure based on the merits of each particular case. In more serious cases which may border on misconduct, the employer may elect to eliminate one or more phases of the procedure. An employee issued with a final warning Nothing within this provision shall be requested construed to show cause, as to why Employee’s employment should not be terminated. Management shall make a decision based on the evidence and may terminate the employment of the Employee. (v) Serious Misconduct (Immediate Dismissal) Nothing in this procedure shall limit the right of the employer District to summarily dismiss use any subsequently acquired information and materials in the case of an appeal or in any subsequent proceeding. 2. Following receipt of the employee's written response or following the meeting requested by the employee, the Superintendent or designee shall consider the employee's position and arguments before issuing a formal Notice of Disciplinary Action. If a formal Notice is issued, the following procedure shall apply. a. The Notice shall be served upon the employee personally and shall be signed for and dated upon receipt or shall be sent by United States certified mail, return receipt requested, addressed to the employee at his or her last known address. Where the employee has utilized the services of a representative during the investigation, the representative shall also be sent a copy of the Notice. b. The Notice shall inform the employee of the charges as well as the effective date of discipline, which shall be not less than six days after service of the Notice. The Notice shall contain a statement in ordinary and concise language of the specific acts and omissions upon which the disciplinary action is based, a statement of the cause for the action taken, and if it is claimed that an employee for misconduct. e.g. thefthas violated a rule or regulation of the District, assault, fraud etcsuch rule or regulation shall be set forth in the Notice. c. The Notice shall inform the employee of the right to demand an appeal hearing before the Board of Trustees and the time in which the hearing must be demanded, which shall be not less than five days after service of the Notice. d. The Notice shall also contain a form, the signing and filing of which shall constitute a demand for hearing and a denial of all charges. e. Except as provided in section C of this Article, the employee shall remain on duty in active status prior to the effective date of the disciplinary action or pending completion of the appeal procedure. f. In addition, the employee may file a written response to the formal Notice. The employee's response shall be attached to the Notice and placed in the employee's personnel file. 3. The employee must file the demand for an appeal hearing and denial of charges in the District Human Resources Office not later than 4:00 p.m. on the workday specified in the Notice. Failure to file the demand and denial prior to the deadline constitutes a waiver of any right to an appeal, and the discipline shall be final. 4. If the employee files the demand and denial, the following procedure shall apply: a. The burden of proof to support the discipline rests with the District. b. The employee and a representative, if the employee desires, may present evidence or argument to the Board (dor to a Hearing Officer appointed by the Board) It is not intended prior to the Board making a decision. c. Following the appeal hearing, the Board shall adopt, modify, or reject the discipline. d. The Board's decision shall be in this procedure writing and shall set forth the finding of facts, conclusions, and reasons for the Board's determination. e. If the Board of Trustees either modifies or rejects the discipline, the employee's personnel records shall be adjusted to reflect the Board's decision. f. The decision of the Board shall be final. C. When the Superintendent or designee determines that the Employer may only terminate an Employee for three instances needs of the same disciplinary matter. Termination District so require, an employee may occur be suspended immediately for three separate instances of any disciplinary matter where the Employee has indicated a lack of intention to adhere cause, with or without pay, prior to the policies and procedures completion of the Employer procedures set forth in paragraphs B.1-4 of this Article. In such a case, the suspension and has failed to meet any denial of compensation shall be an issue in the requirements of appeal hearing before the Employer after appropriate warning and/or counselling has taken placeBoard, if one is requested by the employee.

Discipline Procedure. To ensure that there is no misunderstandings when discipline is to be administered the Parties shall adhere to the following:following procedure in each instance of discipline. (a) Employees who exhibit unsatisfactory performance or behaviour shall be counselled to ensure that they understand the standards expected of them and may be offered assistance or training or guidance as deemed reasonably necessary in achieving those standards. The Employee shall be given notice either verbally or in writing of any disciplinary issue including unsatisfactory performance or behaviour with appropriate opportunity to respond to any allegations before any action is taken. At all stages of the disciplinary process the Employee shall have the right to have a person of his/her choice, present as a witness/support person. (b) Employees who exhibit unsatisfactory performance or behaviour shall be counselled to ensure that they understand the standards expected of them and will be offered assistance or training or guidance as deemed necessary in achieving those standards. The Employee shall be given notice either verbally or in writing of any disciplinary issue with appropriate opportunity to respond to any allegations before any action is taken. (c) The Disciplinary Procedure The Rack’n Stack Warehouse (Bris) Pty Ltd shall be as follows:-the following:- (i) Reprimand (Verbal Counselling) The Employee shall be told as soon as possible of any unsatisfactory conduct, capacity performance or performancebehaviour. The relevant supervisor will be designated to discuss the problem issue with the Employee and if required, will outline how the Employee may meet the standard required. Any reasonable assistance required by the employee to meet the standard will be identified and provided where possible by the Employer. The Employee will be given the opportunity to respond to any allegations. A review date may be set. (ii) Formal Warning (Written) Should the problem issue continue or occur again after the verbal reprimand, the issue/s will then be discussed at a special meeting with Management. The Employee will be given notice to attend the opportunity special meeting and will have the right to respond to the allegations identified as the problemallegations. Should the response The Employee will be unsatisfactory, given a formal warning in writing detailing the problem/s allegation of unsatisfactory performance or behaviour and the action required to meet the required standard standard. The employee may request the presence of a support person or representative. The aim of the meeting will be issued to resolve the employeeissue/s and if required to identify the steps that need to be taken to improve to meet the standard. A review date may be set. (iii) Final Warning (Written) Should the discipline matter be deemed as serious by the Employer, sub- clauses 2.5(b)(i) and 2.5(b)(ii) may be skipped and move straight to a Final Warning. A third and final warning will be issued if the Employee has not taken action to meet the standard of performance, capacity performance or conduct behaviour required. The employee Management shall fully investigate the issue/s and in respect of any hearing the Employee will be given the opportunity to respond put his/her case forward in defence. A review date may be set. Once an Employee has received the appropriate warnings and has still not demonstrated an ability to correct the allegation/s prior unsatisfactory performance or behaviour or does not demonstrate a willingness to the final warning being issued. The employer shall investigate the matter prior to issuing the final warning. (iv) Termination (Verbal) The employer may amend the procedure based on the merits of each particular case. In more serious cases which may border on misconductimprove, the employer may elect to eliminate one or more phases of the procedure. An employee issued with a final warning Employee shall be requested to “show cause”, as to why the Employee’s employment should not be terminated. Management shall make a decision based on the evidence and may shall either formally discipline the Employee or terminate the employment of the EmployeeEmployee in accordance with this Agreement. (viv) Serious Misconduct (Immediate Dismissal) Nothing in this procedure shall limit the right of the employer The Rack’n Stack Warehouse (Bris) Pty Ltd to summarily dismiss an employee for misconduct. e.g. theft, assault, fraud etc. (d) It is not intended in this procedure that the Employer may only terminate an Employee for three instances of the same disciplinary matter. Termination may occur for three separate instances of any disciplinary matter where the Employee has indicated a lack of intention to adhere to the policies and procedures of the Employer and has failed to meet the requirements of the Employer after appropriate warning and/or counselling has taken place.

Discipline Procedure. To ensure that there is no misunderstandings when discipline is to be administered the Parties shall adhere to the following:following procedure in each instance of discipline. (a) Employees who exhibit unsatisfactory performance or behaviour shall be counselled to ensure that they understand the standards expected of them and may be offered assistance or training or guidance as deemed reasonably necessary in achieving those standards. The Employee shall be given notice either verbally or in writing of any disciplinary issue including unsatisfactory performance or behaviour with appropriate opportunity to respond to any allegations before any action is taken. At all stages of the disciplinary process the Employee shall have the right to have a person of his/her choice, present as a witness/support person. (b) Employees who exhibit unsatisfactory performance or behaviour shall be counselled to ensure that they understand the standards expected of them and will be offered assistance or training or guidance as deemed necessary in achieving those standards. The Employee shall be given notice either verbally or in writing of any disciplinary issue with appropriate opportunity to respond to any allegations before any action is taken. (c) The Disciplinary Procedure in Cheshire Contractors Pty Ltd shall be as follows:-the following:- (i) Reprimand (Verbal Counselling) The Employee shall be told as soon as possible of any unsatisfactory conduct, capacity performance or performancebehaviour. The relevant supervisor will be designated to discuss the problem issue with the Employee and if required, will outline how the Employee may meet the standard required. Any reasonable assistance required by the employee to meet the standard will be identified and provided where possible by the Employer. The Employee will be given the opportunity to respond to any allegations. A review date may be set. (ii) Formal Warning (Written) Should the problem issue continue or occur again after the verbal reprimand, the issue/s will then be discussed at a special meeting with Management. The Employee will be given notice to attend the opportunity special meeting and will have the right to respond to the allegations identified as the problemallegations. Should the response The Employee will be unsatisfactory, given a formal warning in writing detailing the problem/s allegation of unsatisfactory performance or behaviour and the action required to meet the required standard standard. The employee may request the presence of a support person or representative. The aim of the meeting will be issued to resolve the employeeissue/s and if required to identify the steps that need to be taken to improve to meet the standard. A review date may be set. (iii) Final Warning (Written) Should the discipline matter be deemed as serious by the Employer, sub- clauses 2.5(b)(i) and 2.5(b)(ii) may be skipped and move straight to a Final Warning. A third and final warning will be issued if the Employee has not taken action to meet the standard of performance, capacity performance or conduct behaviour required. The employee Management shall fully investigate the issue/s and in respect of any hearing the Employee will be given the opportunity to respond put his/her case forward in defence. A review date may be set. Once an Employee has received the appropriate warnings and has still not demonstrated an ability to correct the allegation/s prior unsatisfactory performance or behaviour or does not demonstrate a willingness to the final warning being issued. The employer shall investigate the matter prior to issuing the final warning. (iv) Termination (Verbal) The employer may amend the procedure based on the merits of each particular case. In more serious cases which may border on misconductimprove, the employer may elect to eliminate one or more phases of the procedure. An employee issued with a final warning Employee shall be requested to “show cause”, as to why the Employee’s employment should not be terminated. Management shall make a decision based on the evidence and may shall either formally discipline the Employee or terminate the employment of the EmployeeEmployee in accordance with this Agreement. (viv) Serious Misconduct (Immediate Dismissal) Nothing in this procedure shall limit the right of the employer Cheshire Contractors Pty Ltd to summarily dismiss an employee for misconduct. e.g. theft, assault, fraud etc. (d) It is not intended in this procedure that the Employer may only terminate an Employee for three instances of the same disciplinary matter. Termination may occur for three separate instances of any disciplinary matter where the Employee has indicated a lack of intention to adhere to the policies and procedures of the Employer and has failed to meet the requirements of the Employer after appropriate warning and/or counselling has taken place.

Discipline Procedure. To ensure that there is no misunderstandings when discipline is to be administered the Parties shall adhere to the following:following procedure in each instance of discipline. (a) Employees who exhibit unsatisfactory performance or behaviour shall be counselled to ensure that they understand the standards expected of them and may be offered assistance or training or guidance as deemed reasonably necessary in achieving those standards. The Employee shall be given notice either verbally or in writing of any disciplinary issue including unsatisfactory performance or behaviour with appropriate opportunity to respond to any allegations before any action is taken. At all stages of the disciplinary process the Employee shall have the right to have a person of his/her choice, present as a witness/support person. (b) Employees who exhibit unsatisfactory performance or behaviour shall be counselled to ensure that they understand the standards expected of them and will be offered assistance or training or guidance as deemed necessary in achieving those standards. The Employee shall be given notice either verbally or in writing of any disciplinary issue with appropriate opportunity to respond to any allegations before any action is taken. (c) The Disciplinary Procedure Rydges Sabaya Resort Port Xxxxxxx shall be as follows:-the following:- (i) Reprimand (Verbal Counselling) The Employee shall be told as soon as possible of any unsatisfactory conduct, capacity performance or performancebehaviour. The relevant supervisor will be designated to discuss the problem issue with the Employee and if required, will outline how the Employee may meet the standard required. Any reasonable assistance required by the employee to meet the standard will be identified and provided where possible by the Employer. The Employee will be given the opportunity to respond to any allegations. A review date may be set. (ii) Formal Warning (Written) Should the problem issue continue or occur again after the verbal reprimand, the issue/s will then be discussed at a special meeting with Management. The Employee will be given notice to attend the opportunity special meeting and will have the right to respond to the allegations identified as the problemallegations. Should the response The Employee will be unsatisfactory, given a formal warning in writing detailing the problem/s allegation of unsatisfactory performance or behaviour and the action required to meet the required standard standard. The employee may request the presence of a support person or representative. The aim of the meeting will be issued to resolve the employeeissue/s and if required to identify the steps that need to be taken to improve to meet the standard. A review date may be set. (iii) Final Warning (Written) Should the discipline matter be deemed as serious by the Employer, sub- clauses 2.5(b)(i) and 2.5(b)(ii) may be skipped and move straight to a Final Warning. A third and final warning will be issued if the Employee has not taken action to meet the standard of performance, capacity performance or conduct behaviour required. The employee Management shall fully investigate the issue/s and in respect of any hearing the Employee will be given the opportunity to respond put his/her case forward in defence. A review date may be set. Once an Employee has received the appropriate warnings and has still not demonstrated an ability to correct the allegation/s prior unsatisfactory performance or behaviour or does not demonstrate a willingness to the final warning being issued. The employer shall investigate the matter prior to issuing the final warning. (iv) Termination (Verbal) The employer may amend the procedure based on the merits of each particular case. In more serious cases which may border on misconductimprove, the employer may elect to eliminate one or more phases of the procedure. An employee issued with a final warning Employee shall be requested to “show cause”, as to why the Employee’s employment should not be terminated. Management shall make a decision based on the evidence and may shall either formally discipline the Employee or terminate the employment of the EmployeeEmployee in accordance with this Agreement. (viv) Serious Misconduct (Immediate Dismissal) Nothing in this procedure shall limit the right of the employer Raglan Investments Pty Ltd trading as Rydges Sabaya Resort Port Xxxxxxx to summarily dismiss an employee for misconduct. e.g. theft, assault, fraud etc. (d) It is not intended in this procedure that the Employer may only terminate an Employee for three instances of the same disciplinary matter. Termination may occur for three separate instances of any disciplinary matter where the Employee has indicated a lack of intention to adhere to the policies and procedures of the Employer and has failed to meet the requirements of the Employer after appropriate warning and/or counselling has taken place.

Discipline Procedure. To ensure that there is no misunderstandings when discipline is to be administered the Parties shall adhere to the following:following procedure in each instance of discipline. (a) Employees who exhibit unsatisfactory performance or behaviour shall be counselled to ensure that they understand the standards expected of them and may be offered assistance or training or guidance as deemed reasonably necessary in achieving those standards. The Employee shall be given notice either verbally or in writing of any disciplinary issue including unsatisfactory performance or behaviour with appropriate opportunity to respond to any allegations before any action is taken. At all stages of the disciplinary process the Employee shall have the right to have a person of his/her choice, present as a witness/support person. (b) Employees who exhibit unsatisfactory performance or behaviour shall be counselled to ensure that they understand the standards expected of them and will be offered assistance or training or guidance as deemed necessary in achieving those standards. The Employee shall be given notice either verbally or in writing of any disciplinary issue with appropriate opportunity to respond to any allegations before any action is taken. (c) The Disciplinary Procedure for NQ Sports Turf shall be as follows:-the following:- (i) Reprimand (Verbal Counselling) The Employee shall be told as soon as possible of any unsatisfactory conduct, capacity performance or performancebehaviour. The relevant supervisor will be designated to discuss the problem issue with the Employee and if required, will outline how the Employee may meet the standard required. Any reasonable assistance required by the employee to meet the standard will be identified and provided where possible by the Employer. The Employee will be given the opportunity to respond to any allegations. This verbal reprimand will be documented, and a review date may be set. (ii) Formal Final Warning (Written) Should the problem continue or occur again after discipline matter be deemed as serious by the verbal reprimandEmployer, the Employee will sub- clauses 2.5(b)(i) may be given the opportunity skipped and move straight to respond to the allegations identified as the problema Final Warning. Should the response be unsatisfactory, a formal warning in writing detailing the problem/s and the action required to meet the required standard will be issued to the employee. (iii) Final Warning (Written) A third and final warning will be issued if the Employee has not taken action to meet the standard of performance, capacity performance or conduct behaviour required. The employee Management shall fully investigate the issue/s and in respect of any hearing the Employee will be given the opportunity to respond put his/her case forward in defence. A review date may be set. Once an Employee has received the appropriate warnings and has still not demonstrated an ability to correct the allegation/s prior unsatisfactory performance or behaviour or does not demonstrate a willingness to the final warning being issued. The employer shall investigate the matter prior to issuing the final warning. (iv) Termination (Verbal) The employer may amend the procedure based on the merits of each particular case. In more serious cases which may border on misconductimprove, the employer may elect to eliminate one or more phases of the procedure. An employee issued with a final warning Employee shall be requested to “show cause”, as to why the Employee’s employment should not be terminated. Management shall make a decision based on the evidence and may shall either formally discipline the Employee or terminate the employment of the EmployeeEmployee in accordance with this Agreement. (v) Serious Misconduct (Immediate Dismissal) Nothing in this procedure shall limit the right of the employer to summarily dismiss an employee for misconduct. e.g. theft, assault, fraud etc. (d) It is not intended in this procedure that the Employer may only terminate an Employee for three instances of the same disciplinary matter. Termination may occur for three separate instances of any disciplinary matter where the Employee has indicated a lack of intention to adhere to the policies and procedures of the Employer and has failed to meet the requirements of the Employer after appropriate warning and/or counselling has taken place.

Discipline Procedure. To ensure that there is no misunderstandings misunderstanding when discipline is to be administered the Parties shall adhere to the following:following procedure in each instance of discipline. (a) Employees who exhibit unsatisfactory performance or behaviour shall be counselled to ensure that they understand the standards expected of them and may be offered assistance or training or guidance as deemed reasonably necessary in achieving those standards. The Employee shall be given notice either verbally or in writing of any disciplinary issue including unsatisfactory performance or behaviour with appropriate opportunity to respond to any allegations before any action is taken. At all stages of the disciplinary process the Employee shall have the right to have a person of his/her choice, present as a witness/support person. (b) Employees who exhibit unsatisfactory performance or behaviour shall be counselled to ensure that they understand the standards expected of them and will be offered assistance or training or guidance as deemed necessary in achieving those standards. The Employee shall be given notice either verbally or in writing of any disciplinary issue with appropriate opportunity to respond to any allegations before any action is taken. (c) The Disciplinary Procedure in Yuruga Nursery Pty Ltd shall be as follows:-the following:- (i) Reprimand (Verbal Counselling) The Employee shall be told as soon as possible of any unsatisfactory conduct, capacity performance or performancebehaviour. The relevant supervisor will be designated to discuss the problem issue with the Employee and if required, will outline how the Employee may meet the standard required. Any reasonable assistance required by the employee to meet the standard will be identified and provided where possible by the Employer. The Employee will be given the opportunity to respond to any allegations. A review date may be set. (ii) Formal Warning (Written) Should the problem issue continue or occur again after the verbal reprimand, the issue/s will then be discussed at a special meeting with Management. The Employee will be given notice to attend the opportunity special meeting and will have the right to respond to the allegations identified as the problemallegations. Should the response The Employee will be unsatisfactory, given a formal warning in writing detailing the problem/s allegation of unsatisfactory performance or behaviour and the action required to meet the required standard standard. The employee may request the presence of a support person or representative. The aim of the meeting will be issued to resolve the employeeissue/s and if required to identify the steps that need to be taken to improve to meet the standard. A review date may be set. (iii) Final Warning (Written) Should the discipline matter be deemed as serious by the Employer, sub- clauses 2.5(b)(i) and 2.5(b)(ii) may be skipped and move straight to a Final Warning. A third and final warning will be issued if the Employee has not taken action to meet the standard of performance, capacity performance or conduct behaviour required. The employee Management shall fully investigate the issue/s and in respect of any hearing the Employee will be given the opportunity to respond put his/her case forward in defence. A review date may be set. Once an Employee has received the appropriate warnings and has still not demonstrated an ability to correct the allegation/s prior unsatisfactory performance or behaviour or does not demonstrate a willingness to the final warning being issued. The employer shall investigate the matter prior to issuing the final warning. (iv) Termination (Verbal) The employer may amend the procedure based on the merits of each particular case. In more serious cases which may border on misconductimprove, the employer may elect to eliminate one or more phases of the procedure. An employee issued with a final warning Employee shall be requested to “show cause”, as to why the Employee’s employment should not be terminated. Management shall make a decision based on the evidence and may shall either formally discipline the Employee or terminate the employment of the EmployeeEmployee in accordance with this Agreement. (viv) Serious Misconduct (Immediate Dismissal) Nothing in this procedure shall limit the right of the employer Yuruga Nursery Pty Ltd to summarily dismiss an employee for misconduct. e.g. theft, assault, fraud etc. (d) It is not intended in this procedure that the Employer may only terminate an Employee for three instances of the same disciplinary matter. Termination may occur for three separate instances of any disciplinary matter where the Employee has indicated a lack of intention to adhere to the policies and procedures of the Employer and has failed to meet the requirements of the Employer after appropriate warning and/or counselling has taken place.

Discipline Procedure. To ensure that there is no misunderstandings when discipline is to be administered the Parties shall adhere to the following:following procedure in each and every instance of discipline. (a) 21.1 At all stages of the disciplinary process the Employee shall have the right to have a person of his/her choice, present as a witness. Should the Employee wish further assistance/advice, the Employee may request the presence of a person to act on his/her behalf, such a person may be a Union representative should the Employee be a member of that Union. (b) 21.2 Employees who exhibit unsatisfactory performance or behaviour shall be counselled to ensure that they understand the standards expected of them and will be offered assistance or training or guidance as deemed necessary in achieving those standards. The Employee shall be given notice either verbally or in writing of any disciplinary issue with appropriate opportunity to respond to any allegations before any action is taken. (c) 21.3 The Disciplinary Procedure at Mangostin’s shall be as follows:-the following: - (i) Reprimand (Verbal Counselling) The Employee shall be told as soon as possible of any unsatisfactory conduct, capacity performance or performancebehaviour. The relevant supervisor will be designated to discuss the problem issue with the Employee and if required, will outline how the Employee may meet the standard required. Any assistance required by the employee Employee to meet the standard will be identified and provided where possible by the Employer. The Employee will be given the opportunity to respond to any allegations. A review date may be set. (ii) Formal Warning (Written) Should the problem issue continue or occur again after the verbal reprimand, the issue/s will then be discussed at a special meeting with Management. The Employee will be given notice to attend the opportunity special meeting and will have the right to respond to the allegations identified as the problemallegations. Should the response The Employee will be unsatisfactory, given a formal warning in writing detailing the problem/s allegation of unsatisfactory performance or behaviour and the action required to meet the required standard standard. The Employee may request the presence of a support person or representative. The aim of the meeting will be issued to resolve the employeeissue/s and if required to identify the steps that need to be taken to improve to meet the standard. A review date may be set. (iii) Final Warning (Written) Should the discipline matter be deemed as serious by the Employer, sub-clauses 21.3 (i) and 21.3 (ii) may be skipped and move straight to a Final Warning. A third and final warning will be issued if the Employee has not taken action to meet the standard of performance, capacity performance or conduct behaviour required. The employee Management shall fully investigate the issue/s and in respect of any hearing the Employee will be given the opportunity to respond put his/her case forward in defence. A review date may be set. Once an Employee has received the appropriate warnings and has still not demonstrated an ability to correct the allegation/s prior unsatisfactory performance or behaviour or does not demonstrate a willingness to the final warning being issued. The employer shall investigate the matter prior to issuing the final warning. (iv) Termination (Verbal) The employer may amend the procedure based on the merits of each particular case. In more serious cases which may border on misconductimprove, the employer may elect to eliminate one or more phases of the procedure. An employee issued with a final warning Employee shall be requested to “show cause”, as to why the Employee’s employment should not be terminated. Management shall make a decision based on the evidence and may shall either formally discipline the Employee or terminate the employment of the EmployeeEmployee in accordance with this Agreement. (viv) Serious Misconduct (Immediate Dismissal) Nothing in this procedure shall limit the right of the employer Mangostin’s to summarily dismiss an employee Employee for misconduct. e.g. theftMisconduct may include but not limited to: - • stealing, assaultfraud, fraud etcassault or other criminal behaviour; • the Employee being intoxicated at work or being drunk or under the influence of drugs; • neglect of protection of goods procedures to do with stock; • breaches of security such as not adhering to policies and procedures or failure to close/lock up; • sexual harassment and other offensive or harassing behaviour; • not carrying out health and safety obligations. • conduct by the Employee that causes imminent and serious risk to⎯ (i) a person’s health or safety; or (ii) the reputation, viability or profitability of the Employer’s business; • wilful or deliberate behaviour by the Employees that is inconsistent with the continuation of the employment contact; • the Employee refusing to carry out a lawful and reasonable instruction that is consistent with the employment contract. (d) 21.4 It is not intended in this procedure that the Employer may only terminate an Employee for three instances of the same disciplinary matter. Termination may occur for three separate instances of any disciplinary matter where the Employee has indicated a lack of intention to adhere to the policies and procedures of the Employer and has failed to meet the requirements of the Employer after appropriate warning and/or counselling has taken place.

Discipline Procedure. To ensure that there is no misunderstandings misunderstanding when discipline is to be administered the Parties shall adhere to the following:following procedure in each instance of discipline. (a) Employees who exhibit unsatisfactory performance or behaviour shall be counselled to ensure that they understand the standards expected of them and may be offered assistance or training or guidance as deemed reasonably necessary in achieving those standards. The Employee shall be given notice either verbally or in writing of any disciplinary issue including unsatisfactory performance or behaviour with appropriate opportunity to respond to any allegations before any action is taken. At all stages of the disciplinary process the Employee shall have the right to have a person of his/her choice, present as a witness/support person. (b) Employees who exhibit unsatisfactory performance or behaviour shall be counselled to ensure that they understand the standards expected of them and will be offered assistance or training or guidance as deemed necessary in achieving those standards. The Employee shall be given notice either verbally or in writing of any disciplinary issue with appropriate opportunity to respond to any allegations before any action is taken. (c) The Disciplinary Procedure in Clonal Solutions Australia Pty Ltd shall be as follows:-the following:- (i) Reprimand (Verbal Counselling) The Employee shall be told as soon as possible of any unsatisfactory conduct, capacity performance or performancebehaviour. The relevant supervisor will be designated to discuss the problem issue with the Employee and if required, will outline how the Employee may meet the standard required. Any reasonable assistance required by the employee to meet the standard will be identified and provided where possible by the Employer. The Employee will be given the opportunity to respond to any allegations. A review date may be set. (ii) Formal Warning (Written) Should the problem issue continue or occur again after the verbal reprimand, the issue/s will then be discussed at a special meeting with Management. The Employee will be given notice to attend the opportunity special meeting and will have the right to respond to the allegations identified as the problemallegations. Should the response The Employee will be unsatisfactory, given a formal warning in writing detailing the problem/s allegation of unsatisfactory performance or behaviour and the action required to meet the required standard standard. The employee may request the presence of a support person or representative. The aim of the meeting will be issued to resolve the employeeissue/s and if required to identify the steps that need to be taken to improve to meet the standard. A review date may be set. (iii) Final Warning (Written) Should the discipline matter be deemed as serious by the Employer, sub- clauses 2.5(b)(i) and 2.5(b)(ii) may be skipped and move straight to a Final Warning. A third and final warning will be issued if the Employee has not taken action to meet the standard of performance, capacity performance or conduct behaviour required. The employee Management shall fully investigate the issue/s and in respect of any hearing the Employee will be given the opportunity to respond put his/her case forward in defence. A review date may be set. Once an Employee has received the appropriate warnings and has still not demonstrated an ability to correct the allegation/s prior unsatisfactory performance or behaviour or does not demonstrate a willingness to the final warning being issued. The employer shall investigate the matter prior to issuing the final warning. (iv) Termination (Verbal) The employer may amend the procedure based on the merits of each particular case. In more serious cases which may border on misconductimprove, the employer may elect to eliminate one or more phases of the procedure. An employee issued with a final warning Employee shall be requested to “show cause”, as to why the Employee’s employment should not be terminated. Management shall make a decision based on the evidence and may shall either formally discipline the Employee or terminate the employment of the EmployeeEmployee in accordance with this Agreement. (viv) Serious Misconduct (Immediate Dismissal) Nothing in this procedure shall limit the right of the employer Clonal Solutions Australia Pty Ltd to summarily dismiss an employee for misconduct. e.g. theft, assault, fraud etc. (d) It is not intended in this procedure that the Employer may only terminate an Employee for three instances of the same disciplinary matter. Termination may occur for three separate instances of any disciplinary matter where the Employee has indicated a lack of intention to adhere to the policies and procedures of the Employer and has failed to meet the requirements of the Employer after appropriate warning and/or counselling has taken place.

Discipline Procedure. 2.6.1 To ensure that there is no misunderstandings when discipline is to be administered the Parties shall adhere to the following:following procedure in each instance of discipline. (a) 2.6.2 Employees who exhibit unsatisfactory performance or behaviour shall be counselled to ensure that they understand the standards expected of them and may be offered assistance or training or guidance as deemed reasonably necessary in achieving those standards. The Employee shall be given notice either verbally or in writing of any disciplinary issue including unsatisfactory performance or behaviour with appropriate opportunity to respond to any allegations before any action is taken. At all stages of the disciplinary process the Employee shall have the right to have a person of his/her choice, present as a witnesssupport person. (b) Employees who exhibit unsatisfactory performance or behaviour shall be counselled to ensure that they understand the standards expected of them and will be offered assistance or training or guidance as deemed necessary in achieving those standards. The Employee shall be given notice either verbally or in writing of any disciplinary issue with appropriate opportunity to respond to any allegations before any action is taken. (c) 2.6.3 The Disciplinary Procedure in Middledank Pty Ltd trading as Tropical Horizons Tours shall be as follows:-the following:- (ia) Reprimand (Verbal Counselling) The Employee shall be told as soon as possible of any unsatisfactory conduct, capacity or performance. The relevant supervisor will be designated to discuss the problem with the Employee and if required, will outline how the Employee may meet the standard required. Any assistance required by the employee to meet the standard will be identified and provided where possible by the Employer. The Employee will be given the opportunity to respond to any allegations. (ii) Formal Warning (Written) Should the problem continue or occur again after the verbal reprimand, the Employee will be given the opportunity to respond to the allegations identified as the problem. Should the response be unsatisfactory, a formal warning in writing detailing the problem/s and the action required to meet the required standard will be issued to the employee.) (iiib) Final Warning (Written) (c) A third Once an Employee has received the appropriate warnings and final warning will be issued if has still not demonstrated an ability to correct the unsatisfactory performance or behaviour or does not demonstrate a willingness to improve, the Employee has not taken action to meet the standard of performance, capacity or conduct required. The employee shall be given the opportunity to respond to the allegation/s prior to the final warning being issued. The employer shall investigate the matter prior to issuing the final warning. (iv) Termination (Verbal) The employer may amend the procedure based on the merits of each particular case. In more serious cases which may border on misconduct, the employer may elect to eliminate one or more phases of the procedure. An employee issued with a final warning shall be requested to “show cause”, as to why the Employee’s employment should not be terminated. Management shall make a decision based on the evidence and may shall either formally discipline the Employee or terminate the employment of the Employee. (v) Serious Misconduct (Immediate Dismissal) Nothing Employee in accordance with this procedure shall limit the right of the employer to summarily dismiss an employee for misconduct. e.g. theft, assault, fraud etcAgreement. (d) Misconduct (Immediate Dismissal) 2.6.4 It is not intended in this procedure that the Employer may only terminate an Employee for three separate instances of the same disciplinary matter. Termination may occur at any time for three separate instances of any disciplinary matter where the Employee has indicated a lack of intention to adhere to the policies and procedures of the Employer and has failed to meet the requirements of the Employer after appropriate warning and/or counselling has taken place.

Discipline Procedure. To ensure that there is no misunderstandings when discipline is to be administered the Parties 23.01 The following procedure shall adhere to the followinggovern in all cases of discipline: (a) At all stages of the disciplinary process the Employee The Company shall have the right to have a person of his/her choice, present as a witnessdiscipline any employee for sufficient and just cause. (b) Employees who exhibit unsatisfactory performance or behaviour shall be counselled to ensure that they understand the standards expected of them and will be offered assistance or training or guidance as deemed necessary in achieving those standards. The Employee shall be given notice either verbally or in writing advised of any disciplinary issue with appropriate opportunity discipline as soon as possible following the incident giving rise to respond to any allegations before any action is takenthe discipline. (c) The Disciplinary Procedure shall be as follows:- (i) Reprimand (Verbal Counselling) The Employee shall be told as soon as possible of any unsatisfactory conductWhen an employee is formally disciplined while at work, capacity or performancea xxxxxxx will attend. The relevant supervisor Every reasonable effort will be designated made to have the attending xxxxxxx be from his own jurisdiction. An opportunity will be given to the xxxxxxx to discuss the problem circumstances surrounding the discipline with the Employee and if required, will outline how superintendent or his representative during the Employee may meet the standard required. Any assistance required by the employee to meet the standard will be identified and provided where possible by the Employer. The Employee will be given the opportunity to respond to any allegations. (ii) Formal Warning (Written) Should the problem continue or occur again after the verbal reprimand, the Employee will be given the opportunity to respond to the allegations identified as the problem. Should the response be unsatisfactory, a formal warning in writing detailing the problem/s and the action required to meet the required standard will be issued to the employee. (iii) Final Warning (Written) A third and final warning will be issued if the Employee has not taken action to meet the standard of performance, capacity or conduct requireddiscipline procedure. The employee shall and his Union will be given made aware of any information which is being considered for use in the opportunity to respond to discipline and informed of any information which is being placed in the allegation/s prior to the final warning being issued. The employer shall investigate the matter prior to issuing the final warning. (iv) Termination (Verbal) The employer may amend the procedure based on the merits of each particular case. In more serious cases which may border on misconduct, the employer may elect to eliminate one or more phases of the procedure. An employee issued with a final warning shall file that could be requested to show cause, as to why Employee’s employment should not be terminated. Management shall make a decision based on the evidence and may terminate the employment of the Employee. (v) Serious Misconduct (Immediate Dismissal) Nothing in this procedure shall limit the right of the employer to summarily dismiss an employee used for misconduct. e.g. theft, assault, fraud etc.discipline; and (d) When there is an incident which could lead to a suspension of an employee, there will be a joint investigation (by Union and Supervision) to determine the pertinent facts. It is understood that any discipline stemming from the investigation will be solely determined by management. Every reasonable effort will be made to have this investigation completed within seven (7) calendar days. Suspensions will be administered at the end of an employee's shift whenever appropriate and possible, it being understood there are circumstances where it is appropriate to remove the employee from the workplace immediately following the incident. Except in those circumstances where it is appropriate to remove the employee from the property immediately, when a suspension is imposed the suspension will not intended in this procedure that be served, if the Employer may only terminate an Employee for three instances employee decides to file a grievance on the matter, until Step 2 of the same disciplinary matter. Termination may occur for three separate instances of any disciplinary matter where grievance procedure has been completed. (e) The employee and the Employee has indicated xxxxxxx in attendance will receive a lack of intention to adhere to the policies and procedures written copy of the Employer and has failed to meet suspension slip or discharge letter. Also, the requirements Union shall be advised promptly in writing by the Company of the Employer reason or reasons for such suspension or discharge. 23.02 There may be situations outside of the formal discipline procedures in which an employee may feel that he would be more comfortable with a Union Xxxxxxx present when he is called into a meeting with management. Such request for a Union Xxxxxxx will not be unreasonably denied. If either party feels the intent of this clause is not being followed, the parties will meet to resolve the matter. 23.03 If any employee feels that he has been unjustly disciplined, he shall have the right of appeal through the grievance procedure at Step 2. Such appeal must be filed in writing by the Union with the Company within fourteen (14) calendar days after appropriate warning and/or counselling the date of notification of discipline and, unless so filed, the right of appeal shall be lost. 23.04 Should it be found upon investigation that an employee has taken placebeen unjustly suspended or discharged, such employee shall be immediately reinstated in his former position without loss of seniority rating, and shall be compensated for all time lost in an amount equal to his average earnings during the pay period next preceding such discharge or suspension, less any money earned by the employee during the period of discharge or suspension. 23.05 All new employees shall be engaged for a probationary period of forty (40) straight time working shifts. During this probationary period an employee shall be considered as being employed on a trial basis and may be discharged without notice at any time at the sole discretion of the Company and any such discharge shall be deemed for just cause. An employee terminated during his probationary period would be entitled to review under the grievance procedure up to and including Step 3. 23.06 Any employee with more than one (1) year's seniority may once annually request a formal evaluation from his supervisor. In addition, once yearly an employee may request to review his departmental employee file. The written evaluation will include items such as attendance, disciplinary action, promotability and attitude to work and safety.

Discipline Procedure. To ensure that there is no misunderstandings when discipline is to be administered the Parties shall adhere to the following:following procedure in each instance of discipline. (a) Employees who exhibit unsatisfactory performance or behaviour shall be counselled to ensure that they understand the standards expected of them and may be offered assistance or training or guidance as deemed reasonably necessary in achieving those standards. The Employee shall be given notice either verbally or in writing of any disciplinary issue including unsatisfactory performance or behaviour with appropriate opportunity to respond to any allegations before any action is taken. At all stages of the disciplinary process the Employee shall have the right to have a person of his/her choice, present as a witness/support person. (b) Employees who exhibit unsatisfactory performance or behaviour shall be counselled to ensure that they understand the standards expected of them and will be offered assistance or training or guidance as deemed necessary in achieving those standards. The Employee shall be given notice either verbally or in writing of any disciplinary issue with appropriate opportunity to respond to any allegations before any action is taken. (c) The Disciplinary Procedure at Australian Banana Company Pty Ltd shall be as follows:-the following:- (i) Reprimand (Verbal Counselling) The Employee shall be told as soon as possible of any unsatisfactory conduct, capacity performance or performancebehaviour. The relevant supervisor will be designated to discuss the problem issue with the Employee and if required, will outline how the Employee may meet the standard required. Any reasonable assistance required by the employee to meet the standard will be identified and provided where possible by the Employer. The Employee will be given the opportunity to respond to any allegations. A review date may be set. (ii) Formal Warning (Written) Should the problem issue continue or occur again after the verbal reprimand, the issue/s will then be discussed at a special meeting with Management. The Employee will be given notice to attend the opportunity special meeting and will have the right to respond to the allegations identified as the problemallegations. Should the response The Employee will be unsatisfactory, given a formal warning in writing detailing the problem/s allegation of unsatisfactory performance or behaviour and the action required to meet the required standard standard. The employee may request the presence of a support person or representative. The aim of the meeting will be issued to resolve the employeeissue/s and if required to identify the steps that need to be taken to improve to meet the standard. A review date may be set. (iii) Final Warning (Written) Should the discipline matter be deemed as serious by the Employer, sub- clauses 2.5(b)(i) and 2.5(b)(ii) may be skipped and move straight to a Final Warning. A third and final warning will be issued if the Employee has not taken action to meet the standard of performance, capacity performance or conduct behaviour required. The employee Management shall fully investigate the issue/s and in respect of any hearing the Employee will be given the opportunity to respond put his/her case forward in defence. A review date may be set. Once an Employee has received the appropriate warnings and has still not demonstrated an ability to correct the allegation/s prior unsatisfactory performance or behaviour or does not demonstrate a willingness to the final warning being issued. The employer shall investigate the matter prior to issuing the final warning. (iv) Termination (Verbal) The employer may amend the procedure based on the merits of each particular case. In more serious cases which may border on misconductimprove, the employer may elect to eliminate one or more phases of the procedure. An employee issued with a final warning Employee shall be requested to “show cause”, as to why the Employee’s employment should not be terminated. Management shall make a decision based on the evidence and may shall either formally discipline the Employee or terminate the employment of the EmployeeEmployee in accordance with this Agreement. (viv) Serious Misconduct (Immediate Dismissal) Nothing in this procedure shall limit the right of the employer Australian Banana Company Pty Ltd to summarily dismiss an employee for misconduct. e.g. theft, assault, fraud etc. (d) It is not intended in this procedure that the Employer may only terminate an Employee for three instances of the same disciplinary matter. Termination may occur for three separate instances of any disciplinary matter where the Employee has indicated a lack of intention to adhere to the policies and procedures of the Employer and has failed to meet the requirements of the Employer after appropriate warning and/or counselling has taken place.